Unfortunately for the police they just set themselves up for a major lawsuit.
The First Amendment right to peacefully assemble is NOT at the discretion of a law enforcement officer who doesn't know the law. It is not at the whim of any law enforcement to determine an assembly "unlawful".
It's the Sheriff. County Sheriff is an elected position. This Sheriff needs to feel the heat for making this unconstitutional decision. They don't answer the the school board, but to the voters who put them there. Making this arrest when even acknowledging there is not justification for it is bowing to the school board over the people. This is just the beginning of us taking back control. Everything has been turned on it's head and it's going to take a lot to get it righted. Part of this is getting Sheriffs to do their damn job, follow the constitution!
I agree. However, from the perspective of the school board, the meeting was over and the expectation was for everyone to leave. They could argue that the man was trespassing. I applaud the man's effort, of course but I don't think this would hold up in a law suit as a violation of free speech. He was being asked to leave because the meeting was over and they wanted to close the building. That's my take, anyway.
Unfortunately for the police they just set themselves up for a major lawsuit.
The First Amendment right to peacefully assemble is NOT at the discretion of a law enforcement officer who doesn't know the law. It is not at the whim of any law enforcement to determine an assembly "unlawful".
If this is the situation I think you're referring to, that entire PD is probably about to be on the losing side of a lawsuit.
Basically, the guy asserted his 1st Amendment right to be there and the ?chief? agreed with him but continued to arrest him.
That's literally the guy saying "You have no right to arrest me" and the officer replying "I have no right to arrest you" while arresting him.
That said I don't think that's "unfortunate"
We need a good lawsuit like this to discourage this kind of absurd overreach in the future.
It's the Sheriff. County Sheriff is an elected position. This Sheriff needs to feel the heat for making this unconstitutional decision. They don't answer the the school board, but to the voters who put them there. Making this arrest when even acknowledging there is not justification for it is bowing to the school board over the people. This is just the beginning of us taking back control. Everything has been turned on it's head and it's going to take a lot to get it righted. Part of this is getting Sheriffs to do their damn job, follow the constitution!
I agree. However, from the perspective of the school board, the meeting was over and the expectation was for everyone to leave. They could argue that the man was trespassing. I applaud the man's effort, of course but I don't think this would hold up in a law suit as a violation of free speech. He was being asked to leave because the meeting was over and they wanted to close the building. That's my take, anyway.