Darren-Chaker Criminal Speech and Law

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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...

Federal First Offender Act & Deportation

- August 10, 2015

While reviewing recent law concerning deportation, Darren Chaker found the Ninth Circuit Court of Appeals has held that an alien whose offense would have qualified for treatment under the Federal First Offender Act (“FFOA”), but who was convicted and had his conviction expunged under state or foreign law, may not be removed on account of that offense. See Dillingham v. INS, 267 F.3d 996 (9th Cir. 2001); Lujan-Armendariz v. INS , 222 F.3d 728 (9th Cir. 2000). To qualify for treatment under the FFOA, the defendant must (1) have been found guilty of an offense described in section 404 of the Controlled Substances Act (“CSA”), 21 U.S.C. § 844; (2) have not, prior to the commission of such an offense, been convicted of violating a federal or state law relating to controlled substances; and (3) have not previously been accorded first offender treatment under any law. See 18 U.S.C. § 3607(a); Cardenas-Uriarte v. INS , 227 F.3d 1132, 1136 (9th Cir. 2000). A. Expungement Under State or For...

Hypothetical Questions in California Decided

- August 28, 2014

Darren Chaker reports in People v. Vang , Hypothetical questions posed to an expert must be based on the evidence; the questioner is not required to "disguise" the fact that such a question is based on the case evidence. Appellant and his codefendants were convicted of assault by means of force likely to inflict great bodily injury. The jury also found a gang enhancement true (Pen. Code, § 186.22 subd. (b)(1)). Relying on People v. Killebrew (2002) 103 Cal.App.4th 644, the Court of Appeal found the prosecutor is prohibited from asking hypothetical questions using facts which closely track the case evidence. The Supreme Court disagreed, finding a hypothetical question posed to an expert must be rooted in the case evidence. A hypothetical question which is not based on the evidence "is irrelevant and of no help to the jury." "To the extent that Killebrew . . . was correct in prohibiting expert testimony regarding whether the specific defendants acted for a ...

Texas Expunction Laws: Free Guide by Darren Chaker

- March 01, 2013

Table of Contents Texas Expunction Overview The Arrest Threshold Requirement Eligibility Criteria for Texas Expunction Felony Expunction in Texas Misdemeanor Expunction The Expunction Procedure Key Case Law Analysis by Darren Chaker Effects of Expunction on Criminal Records Expunction vs. Orders of Nondisclosure Federal Implications of State Expunction FAQ About Darren Chaker and Texas Expunction Darren Chaker notes that most people are not aware a simple citation or ticket is construed as an arrest. Atwater v. City of Lago Vista , 533 U.S. 924, 121 S. Ct. 2540. In Texas, as with most states, only a person who was arrested may obtain expunction of his records, because an arrest is a threshold requirement under the expunction statute. This guide by Darren Chaker provides comprehensive legal analysis of Texas expunction laws, eligibility requirements, and the procedures for obtaining record clearance. Texas Expunction Overview by Darren Chaker Texas expunc...

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...

ACLU Jason Staham and Darren Chaker

- March 27, 2012

Darren Chaker and Jason Statham have been friends for years since Darren worked for an entertainment law firm. When ACLU (Los Angeles) Director Ramona Ripston asked Darren for assistance for an upcoming celbrity auction, he was able to obtain numerous items to assist the ALCU of Southern California after driving to a set location in San Diego and back to Los Angeles just in time for the auction. It is always a pleasure assisting organizations such as the ACLU who helps people which would otherwise not have a voice in the courts.

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