Opinion
S275272
09-02-2022
B306321 Second Appellate District, Div. 7
Order filed
On August 17, 2022, the court limited the issues to be briefed and argued in the above-entitled case by restating the second and third issues presented for review. We now revert to the language used by petitioner in its petition with respect to the second issue presented for review, such that the issues to be briefed and argued by the parties are as follows: (1) Does Penal Code section 148.6, subdivision (a), particularly subdivision (a)(2), constitute improper viewpoint discrimination in violation of the First Amendment? (2) Does Penal Code section 148.6, subdivision (a), particularly subdivision (a)(2), impose an impermissible burden on the ability to file, or on the City to accept, police misconduct complaints? (3) Is it error to compel the City to comply with a statute that has been ruled unconstitutional by the United States Court of Appeals for the Ninth Circuit?