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Supreme Court limits free speech claim in arrests
CNN ^ | May 28, 2019

Posted on 05/28/2019 9:22:03 AM PDT by SMGFan

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1 posted on 05/28/2019 9:22:03 AM PDT by SMGFan
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To: SMGFan

I am sorry, but the courts should rule in favor of citizens, always. Not the Authorities, we are getting ever closer to the slippery slope to totalitarianism.


2 posted on 05/28/2019 9:28:05 AM PDT by txnativegop (The political left, Mankinds intellectual hemlock)
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To: SMGFan

So I guess claiming free speech as the reason for beating the crap out of a Trump supporter just got a bit harder.


3 posted on 05/28/2019 9:28:34 AM PDT by BobL (I eat at McDonald's and shop at Walmart - I just don't tell anyone.)
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To: SMGFan

To be clear:

The ruling in no way limits what someone can say about the police. Bartlett sued the police, claiming the arrest was because he had criticized the police. The court found that since the police had “probable cause” (i.e., Bartlett was allegedly visibly drunk), the police had not acted improperly. That is, the police can’t retaliate by enforcing the law.

This is a real screw-up for civil libertarians, however. CNN notes, “Justice Samuel Alito, on the other hand, worried during arguments about finding a line that would toss out frivolous claims but protect claims with merit, such as a journalist who wrote something critical of a police department and then later is given a “citation for driving 30 miles an hour in a 20-25 mile an hour zone.””


4 posted on 05/28/2019 9:31:35 AM PDT by dangus
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To: dangus

“I had the right to remain silent, I didn’t have the ability to...”


5 posted on 05/28/2019 9:34:05 AM PDT by VRWCarea51 (The Original 1998 Version)
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To: SMGFan

Complete Ruling and many more details here:

https://www.supremecourt.gov/opinions/18pdf/17-1174_m5o1.pdf

Bypass TF out of Clinton News Network.


6 posted on 05/28/2019 9:34:30 AM PDT by treetopsandroofs
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To: SMGFan

From the decision, this sounds very reasonable:

“To prevail on a claim such as Bartlett’s, the plaintiff must show
not only that the official acted with a retaliatory motive and that the
plaintiff was injured, but also that the motive was a “but-for” cause of the injury.”

Further, it seems as if Alito’s concerns were met:

“Thus, the no-probable-cause requirement should not apply when a plaintiff presents objective evidence that he was arrested when otherwise similarly situated individuals not engaged in the same sort of protected speech had not been. “

VERDICT: CNN is guilty of FAKE NEWS!!!


7 posted on 05/28/2019 9:35:53 AM PDT by dangus
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To: txnativegop
I am sorry, but the courts should rule in favor of citizens, always.

Huh? So all laws (authority) are to be abolished? Let burglars go?

8 posted on 05/28/2019 9:52:43 AM PDT by fwdude (Think about it: Blacks were made slaves in Africa, but were made free men in America.)
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To: SMGFan

O/T: Someone please post Clarence Thomas ripping the abortion butchers a new one.


9 posted on 05/28/2019 9:53:30 AM PDT by Extremely Extreme Extremist (Isn't it funny that the very people who scream "My body, my choice" wants a say in your healthcare?)
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To: fwdude

NO, I’d put them down in the first place. This is the kind of encroachment on our freedoms that will have us be slaves to said authorities.

I’ve known a lot of cops in my life, many of them were stark-raving crazy in the power-hungry sense of the phrase.

It is likely my life experiences with cops have colored my opinion by so be it. Have a nice day!


10 posted on 05/28/2019 9:56:39 AM PDT by txnativegop (The political left, Mankinds intellectual hemlock)
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To: SMGFan

You just know this ruling will be used against us someday, perhaps sooner rather than later.


11 posted on 05/28/2019 9:58:03 AM PDT by oblomov
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To: txnativegop

Justice Samuel Alito, on the other hand, worried during arguments about finding a line that would toss out frivolous claims but protect claims with merit, such as a journalist who wrote something critical of a police department and then later is given a “citation for driving 30 miles an hour in a 20-25 mile an hour zone.”


12 posted on 05/28/2019 10:00:23 AM PDT by Rusty0604 (2020 four more years!)
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To: txnativegop

I am sorry, but the courts should rule in favor of citizens, always.

************

Courts should not favor anyone in a case but rule based upon
the law.


13 posted on 05/28/2019 10:08:04 AM PDT by deport
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To: Rusty0604

alito represents the theory of law.

The BS cops do is the reality of law.

Which do you think occurs in the real world more frequently?


14 posted on 05/28/2019 10:08:48 AM PDT by txnativegop (The political left, Mankinds intellectual hemlock)
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To: deport

When is the last time they actually followed the Constitution? Few and far between, maybe the judges Trump appoints will change that in time, but for now judges issue rulings to suit their personal feelings, personal peeves etc.


15 posted on 05/28/2019 10:10:37 AM PDT by txnativegop (The political left, Mankinds intellectual hemlock)
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To: VRWCarea51

Sort of the case here. I think if she’d shown some contrition early on, he might have let her go. Instead she doubled down on stupid. 4m video, enjoyable.

This is what happens when you spend 20 years listening to the media telling you the other view point is evil and immoral. You can’t fathom your actions have consequences

https://old.reddit.com/r/The_Donald/comments/btbc68/this_is_what_happens_when_you_spend_20_years/

“I cannot un-arrest you”


16 posted on 05/28/2019 10:14:35 AM PDT by FreedomPoster (Islam delenda est)
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To: txnativegop

I know, but it should be considered on an individual basis. Citizens are right sometimes!

“The BS cops do is the reality of law.”

Laws are there for our protection, not someone’s “reality” of it.


17 posted on 05/28/2019 10:16:21 AM PDT by Rusty0604 (2020 four more years!)
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To: txnativegop

When was the last time isn’t the issue. They should rule on law/statues.


18 posted on 05/28/2019 10:16:28 AM PDT by deport
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To: Rusty0604

Look at your average cop cross-eyed and see what happens to you, that is the reality I was speaking of.


19 posted on 05/28/2019 10:18:07 AM PDT by txnativegop (The political left, Mankinds intellectual hemlock)
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To: deport

And if that statute is a bad one?


20 posted on 05/28/2019 10:19:35 AM PDT by txnativegop (The political left, Mankinds intellectual hemlock)
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