Chaker v. Crogan -- Recent Cases -- Darren Chaker

I litigated a cutting edge First Amendment case for 7 of its 10 year lifespan. Chaker v. Crogan, 428 F.3d 1215 C.A.9 (Cal.),2005, Cert. denied, 547 U.S. 1128, 126 S.Ct. 2023, invalidated a statute on First Amendment grounds and overruled the California Supreme Court‘s unanimous decision in People v. Stanistreet, 127 Cal.Rptr.2d 633.  Soon after Chaker v. Crogan, it was also used to strike down Nevada's analogous statute forcing the legislature to rewrite the law, but also nullified a similar Washington statute as well and used as the backbone authority in Gibson v. City of Kirkland, 2009 WL 564703, *2+ (W.D.Wash. Mar 03, 2009). My case is a leading case on viewpoint discrimination.
The case has been cited hundreds of times as authority, and written about extensively:
* Police Misconduct: Law and Litigation s 2:28, Denial of First Amendment rights (2009)
* Smolla & Nimmer on Freedom of Speech s 3:11, Viewpoint discrimination--Cross-burning reprised: Commonwealth of Virginia v. Black--Heavy presumption against viewpoint discrimination (2010)
* Smolla & Nimmer on Freedom of Speech s 10:22.50, Brandenburg v. Ohio: Intent and imminence standard--Bond and Watts decisions--"True threats" (2010)
* Chaker V. Crogan, 5 Cardozo Pub. L. Pol'y & Ethics J. 425, 444+ (2007)


Restrictions on Speech and True Threats

Restrictions on Speech and True Threats: Insights from First Amendment Brief Writer Darren Chaker Navigating the Legal Landscape of "...