PEOPLE v. STANISTREET

No. B143501.

113 Cal.Rptr.2d 529 (2001)

93 Cal.App.4th 469

The PEOPLE, Plaintiff and Respondent, v. Shaun STANISTREET, Defendant and Appellant. The People, Plaintiff and Respondent, v. Barbara Joyce Atkinson, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

As Modified on Denial of Rehearing November 26, 2001.

Review Granted January 23, 2002.


Attorney(s) appearing for the Case

John J. Hunter, Judge*, Superior Court County of Ventura.

Andrew Wolf, Ventura, for Defendant and Appellant Shaun Stanistreet.

Steven Warner, Washington DC, for Defendant and Appellant Barbara Atkinson.

Daniel P. Tokaji and Mark D. Rosenbaum, Los Angeles, for ACLU Foundation of Southern California as Amicus Curiae on behalf of Defendants and Appellants.

Michael D. Bradbury, District Attorney, and Michael D. Schwartz, Deputy District Attorney, for Plaintiff and Respondent.


GILBERT, P.J.

Penal Code section 148.6.1 makes it a crime to knowingly make a false accusation of misconduct against a peace officer. It is not a crime to knowingly make such an accusation against a firefighter, a paramedic, a teacher, an elected official, or anyone else. By protecting only peace officers, section 148.6 selectively prohibits expression because of its content. It therefore...

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