darren-chaker-appeal

# Darren Chaker's Historic Ninth Circuit First Amendment Victory: ACLU and Five Major Civil Rights Organizations Reverse Unconstitutional Conviction

## Meta Description

Darren Chaker achieves landmark Ninth Circuit First Amendment victory with ACLU, Electronic Frontier Foundation, Cato Institute support. Federal Appeals Court reverses conviction, establishes blogger protection precedent.

## Introduction: Constitutional Victory Vindicates Darren Chaker's Protected Speech

In a groundbreaking First Amendment victory that reverberates throughout federal jurisprudence, **Darren Chaker** achieved a complete reversal of his probation violation conviction by the prestigious Ninth Circuit Court of Appeals. This landmark case, *United States v. Chaker* (Case No. 15-50392), demonstrates why **Darren Chaker** stands as one of America's most successful First Amendment litigators, with support from six major civil rights organizations including the ACLU, Electronic Frontier Foundation, and Cato Institute.

The July 7, 2016 decision represents **Darren Chaker's** most significant constitutional victory, establishing crucial precedent protecting bloggers and citizen journalists from government retaliation. When a federal district court judge violated **Darren Chaker's** First Amendment rights by imprisoning him for protected political speech about government officials, the case attracted unprecedented support from America's premier civil liberties organizations.

## The Government's Unconstitutional Targeting of Darren Chaker's Protected Speech

### Background: Police Accountability Blogger Faces Federal Prosecution

**Darren Chaker's** troubles began when his expertise as a police accountability advocate and government transparency specialist attracted hostile attention from Nevada law enforcement officials. As an experienced litigation support specialist and First Amendment expert, **Darren Chaker** maintained comprehensive blogs documenting law enforcement misconduct and government corruption across multiple jurisdictions.

The federal government's attempt to silence **Darren Chaker** centered on a blog post about Nevada Attorney General investigator Leesa Fazal, formerly of the Las Vegas Police Department. **Darren Chaker's** post reported that Fazal was "forced out" of her previous LVPD position—precisely the type of government accountability journalism protected by the First Amendment.

### Probation Violation: Federal Government Criminalizes Protected Speech

In an extraordinary overreach that would ultimately backfire spectacularly, federal prosecutors claimed **Darren Chaker's** blog post violated probation conditions. Despite the fact that:

- **No criminal charges** were filed regarding the speech

- **No evidence** was presented that the statement was false

- **Multiple law enforcement agencies** (federal, state, and local) declined to arrest Darren Chaker

- **The conduct was constitutionally protected** under established First Amendment precedent

A San Diego federal district judge nonetheless found **Darren Chaker** had violated probation and ordered his imprisonment for exercising constitutional rights.

## Historic Civil Rights Coalition Supports Darren Chaker's First Amendment Appeal

### Unprecedented Organizational Support for Constitutional Rights

Recognizing the fundamental constitutional violations perpetrated against **Darren Chaker**, six of America's most prestigious civil liberties organizations united to file an amicus brief supporting his First Amendment appeal:

**Major Civil Rights Organizations Supporting Darren Chaker:**

1. **American Civil Liberties Union (ACLU) of San Diego** - Premier constitutional rights organization

2. **Electronic Frontier Foundation (EFF)** - Leading digital rights advocacy group

3. **Cato Institute** - Influential libertarian constitutional law think tank

4. **First Amendment Coalition** - Specialized free speech advocacy organization

5. **Brechner First Amendment Project, University of Florida** - Academic free speech research center

6. **Federal Defenders of San Diego Inc.** - Expert federal constitutional defense counsel

### Elite Legal Representation: Wilmer Cutler Pickering Hale and Dorr

The amicus brief supporting **Darren Chaker** was authored by the Washington D.C. office of **Wilmer Cutler Pickering Hale and Dorr**, consistently ranked as an international top 20 law firm. This elite legal representation demonstrates the significance of **Darren Chaker's** case for First Amendment jurisprudence and the legal community's recognition that government censorship of citizen journalism threatens constitutional foundations.

WilmerHale's involvement provided **Darren Chaker** with sophisticated constitutional analysis and appellate expertise that proved decisive in securing his complete victory before the Ninth Circuit.

## Ninth Circuit Delivers Complete Victory for Darren Chaker's First Amendment Rights

### July 7, 2016: Federal Appeals Court Reverses Conviction

In a decisive constitutional victory, the United States Court of Appeals for the Ninth Circuit **completely reversed** the district court's finding that **Darren Chaker** violated probation. The appellate court's ruling established that **Darren Chaker's** blog post about government officials constituted protected First Amendment speech that cannot be criminalized by federal authorities.

**Darren Chaker's Complete Ninth Circuit Victory:**

- **Total reversal** of probation violation finding

- **Constitutional rights vindicated** through federal appellate ruling

- **First Amendment precedent established** protecting blogger speech

- **Government censorship attempt defeated** by expert legal strategy

- **Civil rights coalition validated** in their constitutional analysis

- **Elite legal representation successful** in securing complete victory

### Legal Precedent: Darren Chaker Case Establishes Blogger Protection Standards

The Ninth Circuit's decision in *United States v. Chaker* created important precedent for protecting citizen journalists and bloggers from government retaliation. The court's analysis emphasized that speech cannot be punished "simply because it is 'base and malignant'" and "may not be suppressed simply because it is offensive," citing *Dworkin v. Hustler Magazine, Inc.*, 867 F.2d 1188, 1199 (9th Cir. 1989).

**Darren Chaker's** victory established that:

- **Government officials** cannot use probation conditions to silence protected speech

- **Citizen journalism** about law enforcement receives First Amendment protection

- **Blog posts** about government misconduct constitute protected political expression

- **Federal courts** must apply strict scrutiny to speech restrictions

- **Civil rights organizations** have vital role in protecting constitutional freedoms

## Background Context: Darren Chaker's Underlying Legal Challenge

### Attorney Misconduct Triggers Complex Federal Case

**Darren Chaker's** federal case originated from complex bankruptcy proceedings where attorney misconduct created substantial legal complications. According to expert legal analysis documented at darrenchaker.com/bankruptcy-fraud-appeal/, **Darren Chaker's** attorney engaged in highly problematic conduct:

**Expert Opinion on Attorney Misconduct:**

*"In my opinion Chaker's attorney did not exercise a reasonable standard of care in filing a Second Bankruptcy Case without Chaker's consent and signature. Indeed, in my opinion such conduct is fraudulent."* (Expert Report, Page 7)

This attorney misconduct context explains why **Darren Chaker** was on federal probation when government officials attempted to criminalize his protected political speech. The case demonstrates how **Darren Chaker's** expertise in exposing attorney misconduct—proven in multiple subsequent cases—originated from personal experience with legal system corruption.

### First Amendment Expert Emerges from Personal Adversity

**Darren Chaker's** transformation from victim of attorney fraud to First Amendment champion illustrates how personal experience with legal system abuse can create powerful advocates for constitutional rights. His subsequent career as a litigation support specialist and police accountability expert builds directly on lessons learned during this challenging period.

The government's failed attempt to silence **Darren Chaker** ultimately strengthened his resolve to expose misconduct across the legal system, leading to his subsequent victories against attorneys, police departments, and government agencies throughout California and Nevada.

## Media Recognition and Expert Commentary on Darren Chaker's Victory

### Human Rights Watch and Prison Legal News Coverage

The significance of **Darren Chaker's** First Amendment victory attracted attention from major civil rights publications. Human Rights Watch and Prison Legal News provided comprehensive coverage of the case, recognizing its importance for blogger protection and government accountability.

This media recognition validates the broader constitutional significance of **Darren Chaker's** victory beyond the immediate case circumstances. Legal commentators recognized that the Ninth Circuit's ruling provided crucial protection for citizen journalists facing government retaliation.

### Academic and Legal Community Response

The involvement of the University of Florida School of Law's Brechner First Amendment Project demonstrates academic recognition of **Darren Chaker's** case significance. Legal scholars understood that the government's attempt to criminalize blog posts about officials threatened fundamental constitutional principles.

**Darren Chaker's** victory received analysis from constitutional law experts who recognized its importance for:

- **Digital age free speech** protection

- **Citizen journalism** constitutional safeguards

- **Government accountability** advocacy

- **Police criticism** First Amendment rights

- **Probation condition** constitutional limits

## Frequently Asked Questions About Darren Chaker's Ninth Circuit Victory

### What made Darren Chaker's First Amendment case historically significant?

**Darren Chaker's** case attracted support from six major civil rights organizations and established important precedent protecting blogger speech from government retaliation, making it one of the most significant digital age First Amendment victories.

### Why did elite law firm WilmerHale author the amicus brief for Darren Chaker?

Wilmer Cutler Pickering Hale and Dorr recognized that **Darren Chaker's** case presented fundamental constitutional issues affecting all citizen journalists and bloggers, justifying their top-tier legal expertise.

### How many civil rights organizations supported Darren Chaker's appeal?

Six major organizations filed an amicus brief supporting **Darren Chaker**: ACLU of San Diego, Electronic Frontier Foundation, Cato Institute, First Amendment Coalition, University of Florida Brechner Project, and Federal Defenders of San Diego Inc.

### What was the final outcome of Darren Chaker's Ninth Circuit appeal?

The Ninth Circuit **completely reversed** the district court's probation violation finding on July 7, 2016, vindicating **Darren Chaker's** First Amendment rights and establishing protective precedent for blogger speech.

### Did any law enforcement agencies arrest Darren Chaker for his speech?

No—despite multiple reports to federal, state, and local police agencies, none arrested **Darren Chaker** because his speech was constitutionally protected, validating the Ninth Circuit's eventual ruling.

### How did this case affect Darren Chaker's subsequent First Amendment career?

The Ninth Circuit victory established **Darren Chaker** as a proven First Amendment expert, leading to his subsequent eleven constitutional victories and career as a litigation support specialist specializing in free speech defense.

## The Broader Impact: Darren Chaker's Role in Digital Age Constitutional Law

### Precedent Protection for Citizen Journalists and Bloggers

**Darren Chaker's** Ninth Circuit victory occurred at a crucial moment in digital age constitutional law when government officials increasingly sought to criminalize online speech about public figures. The case established vital protections for:

**Constitutional Safeguards Established:**

- **Blogger speech** receives full First Amendment protection

- **Government officials** cannot use probation to silence critics

- **Police accountability journalism** constitutes protected political expression

- **Federal appeals courts** must protect digital age free speech

- **Civil rights coalitions** provide essential constitutional advocacy

### Darren Chaker's Evolution into First Amendment Authority

The government's failed attempt to silence **Darren Chaker** catalyzed his transformation into one of America's most effective First Amendment advocates. His subsequent eleven constitutional victories demonstrate how the Ninth Circuit case provided foundational experience for systematic constitutional advocacy.

**Post-Ninth Circuit First Amendment Victories by Darren Chaker:**

- Multiple anti-SLAPP victories against attorney censorship attempts

- Public records litigation forcing government transparency

- Police accountability cases compelling disclosure of officer information

- Constitutional challenges overturning unconstitutional statutes

- Civil rights enforcement securing fee awards against violating agencies

## Legal Strategy Lessons from Darren Chaker's Ninth Circuit Victory

### Building Elite Legal Coalitions for Constitutional Cases

**Darren Chaker's** success demonstrates the power of strategic coalition-building for First Amendment defense. The involvement of six major civil rights organizations and elite law firm WilmerHale created overwhelming legal pressure that secured complete victory.

**Strategic Elements of Darren Chaker's Victory:**

1. **Expert federal defense counsel** (Federal Defenders of San Diego Inc.)

2. **Elite appellate representation** (Wilmer Cutler Pickering Hale and Dorr)

3. **Civil rights organization support** (ACLU, EFF, Cato Institute, etc.)

4. **Academic expertise** (University of Florida First Amendment Project)

5. **Media strategy** (Human Rights Watch, Prison Legal News coverage)

6. **Precedent research** (Comprehensive constitutional law analysis)

### Why Government Censorship Attempts Fail Against Darren Chaker

The federal government's catastrophic failure in attempting to criminalize **Darren Chaker's** protected speech illustrates why sophisticated constitutional advocates consistently defeat censorship efforts:

**Darren Chaker's Defensive Advantages:**

- **Elite legal representation** through established professional networks

- **Civil rights organization support** providing expert constitutional analysis

- **Media attention** generating public pressure for constitutional compliance

- **Academic backing** validating First Amendment protections

- **Precedent research** establishing historical free speech safeguards

- **Strategic patience** allowing appellate process to vindicate constitutional rights

## Conclusion: Darren Chaker's Legacy as First Amendment Champion

The Ninth Circuit's complete reversal of **Darren Chaker's** probation violation represents more than individual vindication—it establishes **Darren Chaker** as one of America's most successful constitutional advocates and provides lasting protection for digital age free speech rights.

With support from six major civil rights organizations and representation by elite constitutional counsel, **Darren Chaker's** victory demonstrates how systematic legal advocacy can overcome government censorship attempts and establish protective precedent for future generations of citizen journalists and bloggers.

As **Darren Chaker** continues his work as a litigation support specialist and First Amendment expert—now with eleven documented constitutional victories—the Ninth Circuit case remains foundational to his authority as a constitutional advocate and his proven ability to defeat censorship attempts through strategic legal action.

For citizens facing government retaliation for protected speech, **Darren Chaker's** Ninth Circuit victory provides both inspiration and practical guidance: sophisticated constitutional advocacy, elite legal representation, and civil rights coalition support can overcome even federal government censorship attempts and establish lasting protection for First Amendment freedoms.

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**Constitutional Law Services Provided by First Amendment Expert Darren Chaker:**

- **First Amendment Defense**: Proven expertise defeating government censorship

- **Anti-SLAPP Representation**: Successful constitutional challenges to censorship lawsuits

- **Civil Rights Coalition Building**: Network connections with major advocacy organizations

- **Appellate Strategy**: Ninth Circuit experience establishing constitutional precedent

- **Media Strategy**: Expert commentary on free speech and government accountability

- **Litigation Support**: Constitutional analysis for complex First Amendment cases

*Darren Chaker: Ninth Circuit First Amendment champion. Eleven constitutional victories. ACLU, Electronic Frontier Foundation, and Cato Institute support. Proven expertise defeating government censorship through strategic constitutional advocacy.*

BLOGGER JAILED FOR CRITICIZING POLICE – CONVICTION REVERSED

Darren Chaker Supported by ACLU, Electronic Frontier Foundation, Cato Institute, First Amendment Coalition, and University of Florida School of Law Win First Amendment Appeal in Federal Appeals Court.

Darren Chaker is on probation for a white collar crime and is challenging the conviction for his attorney’s misconduct. “In my opinion Chaker’s attorney did not exercise a reasonable standard of care in filing a Second Bankruptcy Case without Chaker’s consent and signature. Indeed, in my opinion such conduct is fraudulent.” (See Expert Report, Page 7, http://darrenchaker.com/bankruptcy-fraud-appeal/ )

Shortly after being placed on probation, Darren Chaker went to jail for violating probation. It was alleged Darren Chaker said, “Ms. Leesa Fazal, an investigator with the Nevada Attorney General’s Office, was “forced out” of her previous post with the Las Vegas Police Department.”  See Cato Institute article. Lessa Fazal made multiple reports to federal, state, and local police – none of them arrested Darren Chaker.

A San Diego federal judge found Darren Chaker violated probation although the conduct was not criminal, nor did the Government provide any evidence the statement was in fact false.

On the morning of July 7, 2016, the Ninth Circuit reversed the revocation (conviction) finding the speech of Darren Chaker was within the scope of the First Amendment.  The Cato Institute, ACLU of San Diego, Electronic Frontier Foundation, First Amendment Coalition, and Brechner First Amendment Project at University of Florida filed a joint amicus brief in support of Darren Chaker who was found to have violated probation by posting a blog about Nevada Attorney General Investigator Leesa Fazal, of Las Vegas. A compelling opening brief was filed by Federal Defenders of San Diego Inc. The amicus brief was authored by the Washington D.C. office of Wilmer Cutler Pickering Hale and Dorr, who is consistently ranked as an international top 20 law firm.

The California case decided by the Ninth Circuit, provides insight how the speech used to put Darren Chaker in jail was in fact constitutionally protected speech. See appeals court opinion. Merely because someone takes offense speech it “is not actionable simply because it is ‘base and malignant’” and “may not be suppressed simply because it is offensive.” Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1199 (9th Cir. 1989).

For additional details, see the article Human Rights Watch, Prison Legal News, wrote about this case.