Attempt to chill reports of police misconduct in Los Angeles ruled illegal
LAPD just got told to stop stapling scare notes to its complaint forms like an ACAB-themed greeting card. California’s highest court said the warning did nothing but spook people who already risk enough by reporting bad policing.
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.
The justices called the whole thing lopsided since only critics got threatened with prosecution while praise came tax-free. The union wailed, the court shrugged, and free speech finally got its foot back in the door LAPD loves trying to slam.