WTF: Wisconsin man calls cops racists, gets convicted.

[savalez]

A federal lawsuit filed by a Wisconsin man alleges that Arena police violated his civil rights by charging him for calling officers racists on Facebook.

In 2012, Thomas G. Smith had seen an Arena Police Department Facebook post thanking community members for helping to detain two black children. Smith responded with a profanity-laced message about how Arena officers were racists.

~snip~

That night, officers arrested him at his home in Arena. He was charged with disorderly conduct and unlawful use of computerized communications.

Prosecutors asserted that his words had not been protected by the First Amendment of the Constitution because they could incite violence. Smith was convicted, and sentenced to probation with community service.

The sentence was later overturned because the Supreme Court’s so-called “fighting words doctrine” only applied when the speaker was in close proximity to the listener. The judge ruled that Smith’s Facebook messages should have been protected under the First Amendment.

I hope he wins.

Source: http://www.rawstory.com/rs/2014/11/man-sues-after-minn-police-come-to-his-home-arrest-him-for-calling-them-racists-on-facebook/

[NoJusticeNoPeace]

1. A police state is near

[obxhead]

5. The police state is here.

Its just going through some growing pains right now. We're on the way to total lockdown with extreme taxation of time and money for inconveniencing the 1%.

[geardaddy]

10. Yep, right next door to me. n/t

[Exultant Democracy]

12. Ha, it has always been a police state for people of color.

We jail more people then any other culture in the history of the world and the majority of those incarcerated comes from the minority populations.

[NoJusticeNoPeace]

13. didn't help when the CIA planted crack cocaine all over African American communities

[savalez]

16. Something like 4 times more than any other group.

[DisgustipatedinCA]

2. I hope they have to levy a special tax on the citizens of Arena to pay large damages.

Maybe a hit to the wallet is what's needed to stop out-of-control, lawless pigs.

[L0oniX]

3. Gee ...cops are so sensitive ...apparently words do hurt ...them.

[muriel_volestrangler]

19. Technically, they were arguing that they were so enraged they were likely to go and beat him up

because they said the post was 'fighting words', and that they wanted to fight him as a result:

The only thing that could actually be proven is that Smith made comments on Facebook, but it could not be proven that these comments could legally be considered a threat.

According to State v. Smith (Wisc. Ct. App. July 3, 2014);

The State argues that the comments are not protected speech because they are “fighting words.” The State does not persuade me that Smith’s comments can reasonably be construed as fighting words. And, the State’s briefing provides no other basis on which to uphold Smith’s convictions. Accordingly, I reverse and remand for the circuit court to vacate the judgment and dismiss the charges against Smith….

Logic wins…..this time.

Read more at http://thefreethoughtproject.com/man-charged-disorderly-conduct-posting-comments-police-dept-facebook-page/#levrwfCAH5DDcjzt.99

So they were arguing that they are so out of control that they might have assaulted him.

[riversedge]

4. 9. Ex-officer @CaptainRayLewis says police "an oppressive org now controlled by 1%" I

x-posted here: Certainly applies to this situation!


http://www.democraticunderground.com/?com=view_post&forum=1002&pid=5874396

[liberalhistorian]

6. Those "persecutors"

(or "prostitutors" as a friend formerly in the legal field calls them) are and were complete idiots, right along with the fascist police officers. What's next, each person will now have their own personal "hall monitor" to check everything they say online and do IRL? Geez, I shouldn't give them any ideas.

[tclambert]

7. We all need to travel about with lawyers.

Seems to be the only thing that police fear.

[Uben]

8. No, they have other fears

....cell phones! I say that because citizens can call their attorneys and video the police officers doing nefarious illegal things. Pretty soon they'll all be driving tanks and carrying bazookas. What happened to cops just doing their fucking jobs, protecting and serving? All they want to do these days is put on camoflauge, shoot automatic weapons and abuse helpless citizens and confiscate any goddamned thing they can get their hands on. This shit with PDs confiscating property is way over the line. That should only be done with a court issued warrant after a person is found guilty of a charge, not before, as it is now.

[savalez]

14. ...and cameras on our heads

[Ellipsis]

9. Soik "ain't" workin there any more...

Looks like he moved back to his home town

[Slorpnik27]

18. What makes you say that?

[otohara]

11. I Spoke to Two Policemen Who Repeatedly

called the Occupy protesters garbage, scumbags, dirtbags - then I told them I was one of them scumbags.

Oh, no...not you mame - THEM!

They think we're garbage and now the truth is out of the bag... they are not to be trusted by anyone, but especially people
who's skin color is darker than most police.

Remove the propaganda that says "Protect and Serve"

[savalez]

15. Reword it to "Protect and Serve Ourselves". nt

[IDemo]

17. "unlawful use of computerized communications"

That's not at all Orwellian...