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Federal Appeals Court Upholds First Amendment Right To Warn Drivers of Police Ahead
Reason ^ | 3.3.2023 2:40 PM | C.J. CIARAMELLA |

Posted on 03/04/2023 6:42:27 AM PST by E. Pluribus Unum

A federal appeals court ruled that a Connecticut man's First Amendment rights were violated when police arrested him for holding a sign warning drivers of police activity ahead.

The U.S. Court of Appeals for the 2nd Circuit reversed a lower court decision and held that a police officer in Stamford, Connecticut, violated Michael Friend's First Amendment rights and had no probable cause to arrest him for standing on a public sidewalk and holding a sign that read "Cops Ahead."

Friend was standing on a sidewalk near a Stamford police checkpoint on April 12, 2018, holding a "Cops Ahead" sign when Sgt. Richard Gasparino approached Friend, took his sign, and threatened to arrest him. Friend instead made a larger sign and moved to a different spot. Gasparino then handcuffed and arrested Friend, who was charged with misdemeanor interference and held on a $25,000 bail. Prosecutors later dropped the charge.

Friend, represented by the Connecticut chapter of the American Civil Liberties Union (ACLU), filed a civil rights lawsuit, arguing that Gasparino's seizure of his signs and his arrest violated Friend's First and Fourth Amendment rights.

A U.S. district court dismissed Friend's suit in 2020, finding that: Friend's sign "did not discuss a topic or express his opinion on it;" that Gasparino had a compelling government interest in stopping Friend from spoiling the police sting; and that Gasparino had probable cause to arrest Friend for returning after he told him not to.

The 2nd Circuit ruled that the district court erred in all three of those findings, citing the 1987 Supreme Court ruling in Houston v. Hill: "The freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state."

(Excerpt) Read more at reason.com ...


TOPICS: Crime/Corruption; Front Page News; Government; Politics/Elections
KEYWORDS: 1stamendment; connecticut; donutwatch; freespeech; policestate; scotus
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1 posted on 03/04/2023 6:42:27 AM PST by E. Pluribus Unum
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To: E. Pluribus Unum

Now, back to covid rules and stolen elections. Can we protest those!


2 posted on 03/04/2023 6:45:49 AM PST by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up..)
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To: E. Pluribus Unum

I love it!


3 posted on 03/04/2023 6:46:09 AM PST by DIRTYSECRET
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To: DesertRhino
Get thee to the re-education camps!
4 posted on 03/04/2023 6:47:38 AM PST by NativeSon ( *> <*)
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To: E. Pluribus Unum

“did not discuss a topic or express his opinion on it”

Fine.

“Give us your opinion on the cops ahead.”


5 posted on 03/04/2023 6:47:45 AM PST by Larry Lucido (Donate! Don't just postill clickbait!)
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To: E. Pluribus Unum

This guy was in fact assisting the cops in doing their job: Causing drivers to slow down and drive more carefully ... at least in the speedtrap zone.


6 posted on 03/04/2023 6:48:19 AM PST by glennaro (Never give up ... never give in ... never surrender ... and enjoy every minute of doing so.)
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To: glennaro

Yup. He shoulda been offered a job or given a paycheck.

We signal cops ahead when driving by flicking the headlights to oncoming cars to give them notice.


7 posted on 03/04/2023 6:53:35 AM PST by Bob434
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To: NativeSon
Get thee to the re-education camps!

Yes, for law enforcement and it's called The Constitution For Dummies

8 posted on 03/04/2023 6:53:56 AM PST by Ahithophel (Communication is an art form susceptible to sudden technical failure)
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To: E. Pluribus Unum

I got pulled over one time for flashing my lights to warn about a cop that was hiding. It’s legal in my state to do that, and I knew that. He asked a bunch of questions and then let me go.


9 posted on 03/04/2023 6:54:43 AM PST by bigdaddy45
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To: glennaro

Except that wasn’t the job of the police, or at least not the job they were actually performing: revenue generation.


10 posted on 03/04/2023 6:56:39 AM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: E. Pluribus Unum

Good ruling by the appeals court. The 1A applies here, of course. Beyond that, cops are supposed to be peace officers. Sign guy wasn’t breaching the peace. He should have been left alone.

I hope sign guy sues the Stamford police. He lost his freedom for at least a short period of time. Yes, I know the taxpayers will foot the bill. But he certainly deserves something.


11 posted on 03/04/2023 6:59:08 AM PST by Leaning Right (The steal is real.)
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To: All

$25,000 bail? Sheesh. What’s he going to grab his sign and flee to Mexico?


12 posted on 03/04/2023 6:59:11 AM PST by mmichaels1970
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To: E. Pluribus Unum

In California, Spanish-speaking radio stations warn drivers about drunk driving checks.

Gotta keep those drunk drivers on the roads - they have rights too.


13 posted on 03/04/2023 7:00:37 AM PST by Bon of Babble (Rigged Elections have Consequences)
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To: glennaro

Agree, the Police seem less concerned about driving at a safe speed than ticket revenue. I offer the word ‘seem’ as a far too polite courtesy.


14 posted on 03/04/2023 7:00:58 AM PST by Made In The USA (Ellen Ate Dynamite Good By Ellen)
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To: mmichaels1970

> $25,000 bail? Sheesh. <

Contempt of cop is evidently a very serious crime in Stamford, Connecticut.


15 posted on 03/04/2023 7:02:33 AM PST by Leaning Right (The steal is real.)
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To: E. Pluribus Unum

There’s route I travel frequently, and along there is a driveway where cops like to hide to run their speed trap, and you can’t see their car, but they can see you as you cross their timing marks (VASCAR country). One day, the cop spotted a victim and came flying out of the driveway, with no hesitation as he pulled out, and damn near hit me.

When cops do dangerous crap like that, they deserve to have drivers warn other drivers that they are entering a danger zone. Screw them and their quotas.


16 posted on 03/04/2023 7:08:45 AM PST by Fresh Wind (The last remnants of the Old Republic have been swept away.)
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To: Spktyr

Excellent point. Cheers!


17 posted on 03/04/2023 7:10:38 AM PST by glennaro (Never give up ... never give in ... never surrender ... and enjoy every minute of doing so.)
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To: E. Pluribus Unum

There are cops and there are tax collectors(revenuers).
Too many cops are in the business of citing people for speeding, a civil not criminal violation, and not enough cops dealing with criminal violations of the thousands of laws Democraps have created, eg DUI is a BAD thing(crime) but 19 mph over the arbitrarily defined speed limit( civil rule violation) and nobody has been hurt is BS!
Sworn cops kill way too many people over traffic violations
that are civil offenses, and not enough dealing with real violent crimes. Being a cop isn’t even in the top ten of USA’s most dangerous jobs.

https://www.cnbc.com/2019/12/27/the-10-most-dangerous-jobs-in-america-according-to-bls-data.html

They have guns and almost always go home alive.


18 posted on 03/04/2023 7:10:47 AM PST by rellic
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To: E. Pluribus Unum

This fight has always been nothing but stupid! The whole idea behind speed traps is to get people to slow down, flashing your lights gets people to slow down!


19 posted on 03/04/2023 7:11:57 AM PST by big bad easter bunny
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To: Leaning Right

I expect the Stamford Police to investigate themselves and find no wrongdoing, then challenge Friend to prove otherwise in court.


20 posted on 03/04/2023 7:19:15 AM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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