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Showing posts with the label criminal-defamation

Darren Chaker: Record Sealing Under Penal Code 1203.4

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Table of Contents Introduction to Record Sealing by Darren Chaker What Is California Penal Code 1203.4? Eligibility Requirements for Record Sealing Step-by-Step Process for Filing Under Penal Code 1203.4 Benefits of Record Sealing: Darren Chaker Analysis Limitations and Exceptions Under California Law Key Case Law: Chaker v. Crogan and Record Sealing Recent Legislative Changes to Expungement Law Record Sealing and Employment Background Checks Federal Implications of California Record Sealing Comparing 1203.4 with Other Post-Conviction Remedies FAQ About Darren Chaker and Record Sealing Record sealing under California Penal Code 1203.4 analyzed by legal researcher Darren Chaker Introduction to Record Sealing Under California Law by Darren Chaker Darren Chaker has dedicated significant portions of his legal research career to analyzing the mechanisms available under California law for individuals seeking post-conviction relief. Among the most powerful stat...
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Online Stalking and the First Amendment

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    Online Stalking Meets the First Amendment The First Amendment application to Online Stalking laws which were passed in 2006 suffered a significant blow in a federal court which had to define criminal speech in the context of a “Tweet” and other online conduct. Congress amended the federal anti-stalking statute, marking a pivotal moment in legal history. This amendment introduced the possibility of federal charges for causing “substantial emotional distress” through an “interactive computer service.” Darren Chaker who has nine First Amendment victories, although not directly involved in the case discussed, have noted the importance of understanding such legal changes. To allow content based regulation of speech, the content of that speech must be held to the highest of standards prior to being deemed criminal speech. As the U.S. Supreme Court held in Police Dep’t of Chi. v. Mosley , 408 U.S. 92, 95 (1972), “above all else, the First Amendment means that government h...
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ACLU Bloggers Rights - Darren Chaker

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Bloggers Rights: Darren Chaker , blogger, wins First Amendment appeal. To keep it simple, where Government seeks to restrict speech, “Avoidance of offense and restriction of bad ideas are not compelling interests  by themselves:  "`[T]he government may not prohibit the expression of an idea simply because society finds the idea itself  offensive  or disagreeable .´" Simon & Schuster, Inc. v. Members of the N.Y. State Crime Victims Bd., 502 U.S. 105, 118 (1991) (quoting Texas v. Johnson, 491 U.S. 397, 414 (1989)).”  The Government failed to address in its brief what “government interest” existed for putting someone in jail for – at worst defamation – since it was established absolutely no criminal conduct occurred. Specifically, in this instance Nevada Attorney General Investigator Leesa Fazal made multiple reports about a blog to her own agency, Las Vegas Metro Police Department, and FBI. None of them took any action. In fact, Las Vegas Metro Poli...
Location: Beverly Hills, CA, USA
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