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Name: People v. Stanistreet
Case #: B143501
District 2 DCA
Division: 6
Opinion Date: 10/30/2001
Subsequent History: Appellant’s Rev. denied. Respondent’s Rev. GRANTED. 1/23/02. Depublished.
Summary

Penal Code section 148.6 makes it a crime to knowingly make a false accusation of misconduct against a peace officer. Because it selectively prohibits defamation of a specific class, police officers but not any other governmental agents or employees, it facially violates the First Amendment guarantee of freedom of expression.