So many in law enforcement laughed at the 9th Circuits decision and think it was improper and couldn't wait until the U.S. Supreme Court would reverse yet another flawed decision of the 9th Circuit.
On May 15, 2006, the U.S. Supreme Court DENIED the Attorney General's cert request to hear the case. Chaker v. Crogan is now FINAL! The statute is in the dumpster!
I know, to the uneducated the decision seems like the police don't get a fair deal. However, the reasoning behind the decision is not flawed--as the U.S. Supreme Court would not hesitate to have stepped in. The statute was very explicit and lopsided to chill one side of speech while allowing the free flow of false compliments on the other.
Further, although my case was the first of its kind to be considered by the U.S. Supreme Court, there were additional cases striking down similar statutes:
• Eakins v. Nevada, struck down a similar statute in Nevada. The legislature rewrote it, http://www.leg.state.nv.us/72nd/Opinions2003/vwComments.cfm?drpMenu=697 then Chaker v. Crogan struck down that statute! The legislature rewrote the law again in response to Chaker v. Crogan.
• Hamilton v. San Bernardino, 107 F. Supp. 2d 1239 (C.D. Cal. 2000), lawsuit striking down same CA statute. http://www.cacd.uscourts.gov/CACD/RecentPubOp.nsf/bb61c530eab0911c882567cf005ac6f9/e836f1c8e9ed786b88256ecb00579899?OpenDocument&Highlight=0,hamilton%20
• Mangual v. Rotger-Sabat, 317 F.3d 45 (1st Cir. 2003), lawsuit striking down similar California statute in Puerto Rico.
In lieu of the State using the last few months to amend the law so a draft could be submitted to the legislature, the State decided to challenge me again. So, I hired an attorney who worked for two justices (Scalia & Brennan) on the Supreme Court from one of the largest firms in the U.S. See, http://www.hellerehrman.com/en/attorneys/bios/Rosenkranz_Joshua.html
More recently, Chaker v. Crogan, 428 F. 3d 1215 (9th Cir. 2005), 126 S. Ct. 2023, which I litigated for nearly 7 years, not only struck down PC148.6 in California, and forced the struck down Nevada's analogous statute, it also recently nullified a similar Washington statute as well. (De La O v. Arnold-Williams, 2006 WL 2781278)
Remember, adversity builds character. Absent that, I respect all of your views for who am I to censor speech if I am an advocate of it.
Some of the dozens of media coverage pertaining to Chaker v. Crogan:
http://www.signonsandiego.com/news/nation/20060515-1504-ca-policecomplaints.html
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/05/16/BAG88ISCOR1.DTL
http://www.supremecourtus.gov/docket/05-1118.htm
http://www.signonsandiego.com/uniontrib/20051113/news_1m13chaker.html
http://www.aclu-sc.org/News/Releases/2005/101406/
http://www.law.com/jsp/article.jsp?id=1131098712570
http://www.calaware.org/news/weekly_detail.jsp?article_id=1029
http://www.sandiego.edu/usdlaw/about/news/calendars/event/2006_0303McLennon.php
No. 03-56885 (11/03/05)
Before Circuit Judges Hug Jr., Pregerson and Berzon
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CFA461FFB98287D4882570AE000E1261/$file/0356885.pdf?openelement
http://www.willamette.edu/wucl/wlo/9thcir/05cases/20051108.htm
On a Side Note:
Low Moral with San Diego Police
http://www.signonsandiego.com/uniontrib/20050710/news_1m10exodus.html
Another El Cajon Officer Arrested
http://www.signonsandiego.com/uniontrib/20060310/news_2m10taylor.html
On May 15, 2006, the U.S. Supreme Court DENIED the Attorney General's cert request to hear the case. Chaker v. Crogan is now FINAL! The statute is in the dumpster!
I know, to the uneducated the decision seems like the police don't get a fair deal. However, the reasoning behind the decision is not flawed--as the U.S. Supreme Court would not hesitate to have stepped in. The statute was very explicit and lopsided to chill one side of speech while allowing the free flow of false compliments on the other.
Further, although my case was the first of its kind to be considered by the U.S. Supreme Court, there were additional cases striking down similar statutes:
• Eakins v. Nevada, struck down a similar statute in Nevada. The legislature rewrote it, http://www.leg.state.nv.us/72nd/Opinions2003/vwComments.cfm?drpMenu=697 then Chaker v. Crogan struck down that statute! The legislature rewrote the law again in response to Chaker v. Crogan.
• Hamilton v. San Bernardino, 107 F. Supp. 2d 1239 (C.D. Cal. 2000), lawsuit striking down same CA statute. http://www.cacd.uscourts.gov/CACD/RecentPubOp.nsf/bb61c530eab0911c882567cf005ac6f9/e836f1c8e9ed786b88256ecb00579899?OpenDocument&Highlight=0,hamilton%20
• Mangual v. Rotger-Sabat, 317 F.3d 45 (1st Cir. 2003), lawsuit striking down similar California statute in Puerto Rico.
In lieu of the State using the last few months to amend the law so a draft could be submitted to the legislature, the State decided to challenge me again. So, I hired an attorney who worked for two justices (Scalia & Brennan) on the Supreme Court from one of the largest firms in the U.S. See, http://www.hellerehrman.com/en/attorneys/bios/Rosenkranz_Joshua.html
More recently, Chaker v. Crogan, 428 F. 3d 1215 (9th Cir. 2005), 126 S. Ct. 2023, which I litigated for nearly 7 years, not only struck down PC148.6 in California, and forced the struck down Nevada's analogous statute, it also recently nullified a similar Washington statute as well. (De La O v. Arnold-Williams, 2006 WL 2781278)
Remember, adversity builds character. Absent that, I respect all of your views for who am I to censor speech if I am an advocate of it.
Some of the dozens of media coverage pertaining to Chaker v. Crogan:
http://www.signonsandiego.com/news/nation/20060515-1504-ca-policecomplaints.html
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/05/16/BAG88ISCOR1.DTL
http://www.supremecourtus.gov/docket/05-1118.htm
http://www.signonsandiego.com/uniontrib/20051113/news_1m13chaker.html
http://www.aclu-sc.org/News/Releases/2005/101406/
http://www.law.com/jsp/article.jsp?id=1131098712570
http://www.calaware.org/news/weekly_detail.jsp?article_id=1029
http://www.sandiego.edu/usdlaw/about/news/calendars/event/2006_0303McLennon.php
No. 03-56885 (11/03/05)
Before Circuit Judges Hug Jr., Pregerson and Berzon
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CFA461FFB98287D4882570AE000E1261/$file/0356885.pdf?openelement
http://www.willamette.edu/wucl/wlo/9thcir/05cases/20051108.htm
On a Side Note:
Low Moral with San Diego Police
http://www.signonsandiego.com/uniontrib/20050710/news_1m10exodus.html
Another El Cajon Officer Arrested
http://www.signonsandiego.com/uniontrib/20060310/news_2m10taylor.html
