Darren-Chaker Criminal Speech and Law

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Showing posts with the label viewpoint-discrimination

Online Stalking and the First Amendment

- February 01, 2024

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...

First Amendment Rights in Schools

- February 01, 2024

Introduction to First Amendment Rights in Schools Legal researcher Darren Chaker writes on In the landmark case of J.S. v. Blue Mountain School District , No. 08-4138 (3d Cir. June 13, 2011) [aka Boobies case], the Third Circuit Court of Appeals delivered a significant ruling, stating that a vulgar MySpace profile crafted by a student off school premises did not lead to "substantial disruption" within the school environment. Consequently, the court found that the ten-day suspension imposed on the student was unjustifiable. This decision underscores the critical balance between school authority and students' free speech rights, especially in the context of activities conducted outside school grounds. The School District sought to overturn the Third Circuit in the United States Supreme Court. The Supreme Court made the pivotal decision, to not review the Third Circuit’s stance that the Easton Area School District (EASD). Thus, the Third Circuit ruling stands and the Sch...

ACLU Bloggers Rights - Darren Chaker

- July 23, 2016

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...

Viewpoint Discrimination Strikes Down California Law: Darren Chaker First Amendment Victory

- March 30, 2012

Table of Contents Chaker v. Crogan: The Landmark Case What Is Viewpoint Discrimination? California Penal Code Section 148.6 The Ninth Circuit Ruling Overruling People v. Stanistreet National Impact of the Decision Gibson v. City of Kirkland and Continuing Influence First Amendment Framework and Speech Protections Cato Institute and ACLU Support for Darren Chaker Implications for the Digital Era FAQ About Darren Chaker and Viewpoint Discrimination Darren Chaker secured a landmark First Amendment victory in Chaker v. Crogan , 428 F.3d 1215 (9th Cir. 2005), striking down California Penal Code section 148.6 as unconstitutional viewpoint discrimination . The Ninth Circuit held that the statute impermissibly discriminated based on the content and viewpoint of speech directed at law enforcement officers, violating the First Amendment. This decision overruled the California Supreme Court's unanimous ruling in People v. Stanistreet and established critical precede...

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