The California Supreme Court has ruled that a warning on Los Angeles Police Department (LAPD) citizen complaint forms violates free speech rights.
The court decided 6-1 in favor of the city of Los Angeles, stating that the warning could deter citizens from filing truthful complaints against police officers. The warning, which highlights penalties for filing false complaints, was deemed a barrier to free speech.
According to CalMatters, the court found that the warning imposed an undue burden on protected speech, specifically well-intentioned complaints of police misconduct. Justice Joshua Groban, writing for the majority, noted that the law was not narrowly tailored to meet its objectives and was biased in favor of the police. The ruling overturns a previous California appellate court decision and aligns with multiple federal court rulings that found the warning unconstitutional.
LAist reported that the Los Angeles Police Protective League, the union representing LAPD officers, argued that the form was necessary to prevent false complaints. However, the court found that the warning’s asymmetry, which criminalized false complaints against officers but not false statements supporting them, was problematic.
Justice Goodwin Liu dissented, comparing the law to other statutes against perjury and false reports. He argued that there was no evidence the warning suppressed good-faith complaints. Despite this, the majority opinion emphasized that the threat of prosecution could deter citizens from reporting misconduct.
Courthouse News highlighted that the ruling reflects a shift in judicial perspective since a 2002 decision upheld the law. The city of Los Angeles plans to balance preventing false complaints with encouraging legitimate ones while complying with the First Amendment.
Recent Comments