1st Amendment and Free Speech/Free Speech

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Expert: - 3/16/2009


Question
I was arrested twice for using basic free speech in the past two years.  Once for saying "little piggy" in front of an officer and more recently for saying "f*** you" to passing cops.  I know that these things are not very smart or polite, but i still feel i have a right to say them whenever i like.  Both incidents i was charged with disorderly conduct.  The "little piggy" case was dismissed and the other is still pending.  I know you cant give specific legal advice but do you think i would have a case to sue the city police?

Answer
If you did little more than say that, I suspect that yes, you may have a claim (although I cannot provide specific legal advice in this forum).  You might want to consider contacting a free speech advocacy organization like the ACLU to see if they are interested in assisting with such a case.

I hope this helps!
- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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