California law requires law enforcement agencies to investigate misconduct complaints that the public makes against their peace officer employees. (Penal Code section 832.5.) Since 1995, Penal Code section 148.6(a): 1) makes it a crime to knowingly file a false allegation of misconduct against a peace officer; and 2) requires every person who files a complaint to sign an advisory that warns that submitting a false complaint may result in criminal prosecution. Section 148.6 advisory informs people they have a right to file a complaint, even if there is not enough evidence to warrant action on the complaint, but warns that it is against the law to make a complaint known to be false.
The City of Los Angeles did not require those who filed complaints against peace officers to sign the section 148.6 advisory. The Los Angeles Police Protective League (LAPPL) sued the City to compel it to require the advisory. The City relied on federal precedent for its arguments that the section 148.6 advisory violated the First Amendment protections for free speech.
The trial court ruled for LAPPL, relying on the California Supreme Court’s precedent. That precedent was at odds with the federal precedents the City cited, and had upheld the section 148.6 advisory. The Court of Appeal affirmed, holding that it was bound by California precedent even though several federal courts had since found the advisory unconstitutional. The City petitioned for review and urged the California Supreme Court to reconsider its own precedent.
The California Supreme Court reversed and overruled its prior precedent, holding that the section 148.6(a) advisory violated the First Amendment. The Court decided that the advisory created a substantial risk of deterring truthful or well-intentioned complaints of peace officer misconduct.
Applying intermediate scrutiny, the Court recognized that the Legislature had a significant interest in preventing false accusations but held that section 148.6(a) was not narrowly tailored to that goal. The Legislature could have addressed false complaints through less restrictive means, such as adding a materiality or harm requirement, improving procedural safeguards for officers, or revising the advisory language. Instead, the statute imposed an uneven and speech-deterring burden on people while leaving other false statements unregulated. The Court concluded that the law’s structure and mandatory warning created an unconstitutional risk of suppressing speech critical of government officials.
As a result of this decision, law enforcement agencies may not use or enforce section 148.6’s advisory requirement on formal complaints of peace officer misconduct. Law enforcement agencies cannot seek criminal prosecution if they receive a complaint that may have been submitted with knowingly false allegations.
Los Angeles Police Protective League v. City of Los Angeles (Nov. 10, 2025, No. S275272) ___Cal. 5th___ [2025 Cal. LEXIS 7261].