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Name: Chaker v. Crogan
Case #: 03-56885
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/03/2005

California Penal Code section 148.6, which criminalizes the filing of a false complaint of peace officer misconduct, impermissibly discriminates on the basis of a speaker’s viewpoint in violation of the First Amendment. The panel reversed a district court denial of a petition for writ of habeas corpus, noting that section 148.6 criminalizes knowingly false speech that is critical of peace officer conduct, while leaving unregulated knowingly false speech that is supportive of peace officer conduct. Such selective prosecution according to viewpoint is impermissible under the federal constitution.