There is a particularly pronounced constitutional interest in protecting speech critical of law enforcement. "[T]he First Amendment protects a significant amount of verbal criticism and challenge directed at police officers." City of Houston v. Hill, 482 U.S. 451, 107 S.Ct. 2502, 2509 (1987). The freedom to speak out against police action "is one important characteristic by which we distinguish ourselves from a police state." Duran v. City of Douglas, 904 F.2d 1372, 1378 (9th Cir. 1990). Courts should be especially wary of laws that attempt to curb speech concerning police misconduct in light of its protected status. See United States v. Poocha, 259 F.3d 1077, 1082 (9th Cir. 2001) ("Criticism of the police, profane or otherwise, is not a crime."); Mackinney v. Nielsen, 69 F.3d 1002, 1007 (9th Cir. 1995) (holding that the First Amendment protects verbal challenges to the police).
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