The Free Speech Debate Behind LAPD’s False Complaint Warning
6/6/2025 | 2mVideo has Closed Captions
The LAPD’s decades-old warning about false complaints now faces a court challenge.
A 1991 policy requiring people to affirm that false complaints against LAPD officers can lead to prosecution is under review by the California Supreme Court. The City of LA argues it chills free speech and violates the First Amendment, while the police union defends it as necessary to deter false claims.
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SoCal Matters is a local public television program presented by PBS SoCal
The Free Speech Debate Behind LAPD’s False Complaint Warning
6/6/2025 | 2mVideo has Closed Captions
A 1991 policy requiring people to affirm that false complaints against LAPD officers can lead to prosecution is under review by the California Supreme Court. The City of LA argues it chills free speech and violates the First Amendment, while the police union defends it as necessary to deter false claims.
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Learn Moreabout PBS online sponsorshipIn 1991, in the months after four Los Angeles Police Department officers were filmed beating motorist Rodney King, a number of California cities created easier pathways for the public to file complaints about police officers.
The legislature was concerned with "Less ethical citizens (who would) maliciously file false allegations of misconduct against officers in an effort to punish them for simply doing their jobs," according to a federal court decision years later.
The legislature instituted a new requirement.
Anyone filing a complaint against an officer could face criminal charges if they knowingly signed a false report.
At the LAPD, officials went further, demanding the complainants affirm in bold font and all capital letters that they understand the potential penalties.
"It is against the law to make a complaint that you know to be false.
If you make a complaint against an officer knowing that it is false, you can be prosecuted on a misdemeanor charge."
More than 30 years later, the city and the union representing its police officers are still fighting over that language, and the argument has reached the California Supreme Court.
The City of Los Angeles says the warning is a deterrent to people who would otherwise file a complaint and violates the First Amendment by churning free speech.
The city also asserts that the form constitutes viewpoint discrimination, that is, it punishes false complaints against police officers, but not false statements made by police officers or witnesses in the same situation.
Other arguments from the City of Los Angeles focused on that potential chilling effect.
The Los Angeles Police Protective League, the union representing LAPD officers, argues the form is constitutional and necessary to prevent false complaints that would tie up an officer's career.
The matter went to both state and federal courts.
The California courts mostly agreed with the officers' union.
The Ninth US Circuit Court of Appeals mostly agreed with the city.
A ruling from the Supreme Court is expected sometime this year.
For CalMatters, I'm Nigel Duara.
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SoCal Matters is a local public television program presented by PBS SoCal