Monday, November 13, 2017

20. Defamatory False Statements to Police are Criminal.

The Supreme Court upheld a statute which make it a crime to knowingly make false statements to police which are defamatory to other police officers.  The Supreme Court held that this did not violate the First Amendment's restriction against content-based regulation of free speech.

THE CRIME:  In 2008, police in Winona were investigating a beating of Melisa Jean Crawley.  An investigator secured medical records on Crawley at the hospital, where Crawley had signed a release for the records.

Crawley later reported that a police officer had forged her signature on the release form to get her records.  An assigned investigator looking into Crawley's report found a nurse at the hospital who had watched Crawley sign the release.

Crawley was charged with both "falsely reporting an act of police misconduct" and "falsely reporting a crime,

The Winona County District Court convicted Crawley of both counts, but only sentenced her to 15 days in jail for the second count.

The Court of Appeals reversed the conviction on the second count (holding that the "falsely reporting a crime" law was unconstitutional) and ordered Crawley's case returned to the trial judge for sentencing on the "falsely reporting police misconduct" conviction.

On August 8, 2012, the Supreme Court granted the prosecution's request for a review.  See here.

     First, the Supreme Court held that the defamation prohibited by the Minnesota statute fell under two exceptions to the Free Speech protection because such intentionally false and defamatory speech was not protected.

     Second, the Supreme Court granted Crawley a new trial that would apply the new Minnesota rules about Free Speech restrictions outlined in its other finding in this opinion.


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