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 ...
Now, back to covid rules and stolen elections. Can we protest those!
I love it!
“did not discuss a topic or express his opinion on it”
Fine.
“Give us your opinion on the cops ahead.”
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.
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.
Yes, for law enforcement and it's called The Constitution For Dummies
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.
Except that wasn’t the job of the police, or at least not the job they were actually performing: revenue generation.
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.
$25,000 bail? Sheesh. What’s he going to grab his sign and flee to Mexico?
In California, Spanish-speaking radio stations warn drivers about drunk driving checks.
Gotta keep those drunk drivers on the roads - they have rights too.
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.
> $25,000 bail? Sheesh. <
Contempt of cop is evidently a very serious crime in Stamford, Connecticut.
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.
Excellent point. Cheers!
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.
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!
I expect the Stamford Police to investigate themselves and find no wrongdoing, then challenge Friend to prove otherwise in court.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.