In a 6-1 decision issued on November 10, 2025, the California Supreme Court invalidated Penal Code section 148.6, overturning its own prior ruling in People v. Stanistreet (2002) 29 Cal.4th 497. The case, Los Angeles Police Protective League v. City of Los Angeles (S275272), centered on the statute's requirement that complainants sign an advisory warning them that filing a knowingly false allegation of police misconduct is a crime. Justice Joshua Groban, writing for the majority, held that this provision violates the First Amendment by creating an undue chill on protected speech, i.e. complaints against peace officers.
As counsel to numerous public safety unions and their members across California, our clients have been closely tracking this litigation. Unfortunately, it removes a critical safeguard against baseless accusations that can stunt officers' careers.
Background and the Court's Reasoning
Penal Code section 148.6, enacted in 1995, made it a misdemeanor to knowingly file a false misconduct complaint against a peace officer (§ 148.6(a)(1)). More controversially, it mandated that agencies require complainants to read and sign an advisory before accepting a complaint, explicitly warning of potential criminal liability (§ 148.6(a)(2)). This was designed to deter frivolous or malicious filings while ensuring agencies investigated all public complaints under Penal Code section 832.5.
The LAPPL sued the City of Los Angeles in 2017 after the City stopped enforcing the advisory requirement, citing federal rulings that deemed it unconstitutional. Lower courts, bound by Stanistreet, sided with the LAPPL and ordered compliance. On review, however, the Supreme Court reversed course, holding that section 148.6 discriminates based on content within the proscribable category of "knowingly false statements of fact," triggering heightened scrutiny.
The Court explained that the law criminalizes false complaints against officers but leaves unregulated false statements in support of officers during investigations. This imbalance, the Court argued, risks distorting the "marketplace of ideas" by deterring one side of the debate. Requiring a signed warning before filing could intimidate even truthful complainants, who might fear prosecution if their accounts are later disbelieved. The Court emphasized that prohibitions on falsehoods must not unduly burden legitimate expression.
While acknowledging the state's interest in protecting officers from abusive claims, the majority held the statute wasn't sufficiently tailored. It noted ill-defined triggers for liability, no materiality or harm requirement, and the unusual admonition process, which together create "a potent disincentive" for good-faith reporting.
Former UC Berkeley Law School Professor Justice Goodwin Liu dissented, arguing the ruling was "speculative" and that section 148.6 is no different from other anti-falsehood laws like perjury statutes. He stressed the real-world burdens on officers: "Our men and women in uniform have a hard enough job without having to deal with knowingly false allegations of misconduct."
The Benefits of the Invalidated Law: A Shield Against Career-Derailing Complaints
For three decades, section 148.6 served as a vital tool in maintaining the integrity of misconduct investigations. False complaints aren't just nuisances, they can trigger lengthy probes under Penal Code section 832.5, during which officers may face administrative leave, reassignment, an inability to promote, or reputational harm. Even if ultimately exonerated, the process can stall career advancement, erode public trust, and lead to psychological stress.
The advisory requirement was particularly effective in discouraging malicious filings without blocking legitimate ones. It put complainants on notice and promoted some level of accountability in a system where officers are held to high standards but often lack reciprocal protections. By invalidating this law, the Court has removed a deterrent that helped filter out vendetta-driven or unfounded claims, potentially increasing the volume of investigations agencies must handle.
Potential Future Impacts on Peace Officers
This ruling could have ripple effects for California's public safety professionals. Without this backstop, malicious complaints will feel emboldened to file complaints knowing there's little downside. This asymmetry leaves officers exposed, as false statements defending them remain unregulated. Agencies will see more false complaints and officers will face avoidable jeopardy. This could exacerbate burnout, recruitment problems and foster hesitation in high-stakes encounters.
The decision provides a roadmap for the Legislature to craft narrower protections, through civil remedies or enhanced internal filters to weed out frivolous complaints. Public safety organizations will likely advocate for reforms that balance First Amendment concerns with officer safeguards.
