People v. Morera-Munoz

Opinion

DONDERO, J.

The People challenge the San Francisco Superior Court appellate division’s decision finding unconstitutional Vehicle Code section 31, 1 which criminalizes the making of false statements to law enforcement officers while they are engaged in the performance of their duties under that code. Specifically, the appellate division invalidated section 31 on the ground that it improperly restricts speech in contravention of the First Amendment of the United States Constitution because the statute’s application is not expressly restricted to the making of “material” misstatements.…