How have courts dealt with a conviction for knowingly making a false statement of peace officer misconduct?

California, United States of America


The following excerpt is from Chaker v. San Diego Superior Court, D075494 (Cal. App. 2020):

6. Chaker was granted habeas relief from his misdemeanor conviction for knowingly making a false statement of peace officer misconduct (former Penal Code section 148.6, subd. (a)(1)), on the ground that the statute impermissibly discriminated on the basis of a speaker's viewpoint in violation of the First Amendment because it left unregulated knowingly false speech supportive of peace officer conduct. (See Chaker v. Crogan (9th Cir. 2005) 428 F.3d 1215, 1217.)

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