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1st Amendment and Free Speech/is this right?
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Question
Can someone rightfully be arrested by an ABC officer for obstruction of a Government (operation/investigation) for saying "those are some real nice ABC guys outside" upon returning a grocery cart to the store, after buying beer and being vigorously I.D.'ed by them in the parking lot. Would this not be protected under the first admendment? Thankyou very much for your time.
Hi Richard,
Obstruction of Justice is one of those vague charges that could mean a lot of things. Alerting potential suspects to the presence of investigators outside probably would be included. In this case, the comment could be seen as alerting a store employee or customers who might be involved in the illegal purchase of alcohol to the presence of investigators.
On the other hand, if the intent, purpose and effect of the statement was simply to comment on the practices of the investigators, that would be protected by the First Amendment.
This presents a question of fact that would be up to a jury to decide. So an arrest might be reasonable, even though a conviction is not clear based on the fact presented.
Of course specific precedents and interpretations differ from jurisdiction to jurisdiction. If this is an actual case, I recommend speaking with an attorney who is familiar with the laws and ruling of your state to get actual legal advice on this matter.
I hope this helps!
- Mike
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| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | Dear Mr. Troy, Thank you for your timely response. After months of looking for a job and not being able to come up with one because of not being bilingual, I guess huffing and puffing was a way of working through this. I thank you kindly and if there is any other advice I need, not of the discriminatory type, I will write to you. Thanks again. Sincerely, Christine J. Martinez | ||
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Answers by Expert:
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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