Legal Opinion
Walker v. Kiousis
California Court of Appeal
Decided November 28, 2001No. E029822PublishedCited by 28 opinions
1Opinion of the Court
Opinion
RICHLI, J.
Civil Code section 47 provides generally that statements made in the course of an official proceeding are absolutely privileged. Those statements therefore cannot serve as a basis for civil liability. Civil Code section 47.5, however, creates an exception, allowing a peace officer to bring a defamation action against an individual who knowingly and maliciously files a false complaint about the officer with the officer’s employing agency.
As have two federal district courts, we conclude Civil Code section 47.5 impermissibly regulates speech based on the content of the speech…
2Cases cited55 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
- Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
- Boos v. BarrySupreme Court of the United States · 1988
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3Cited by28 opinions
- Hagberg v. California Federal Bank FSBCalifornia Supreme Court · 2004
- Darren David Chaker v. Alan Crogan San Diego Probation Department People of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2005
- Bell v. Farmers Insurance ExchangeCalifornia Court of Appeal · 2004
- Nagel v. Twin Laboratories, Inc.California Court of Appeal · 2003
- Summit Bank v. RogersCalifornia Court of Appeal · 2012
23 more not listed; retrieve them via the Exa API.