Courts and cursing
Court rules in favor of cursing man By JEFF KAROUB, Associated Press Writer
Sat Feb 3, 4:33 AM ET
DETROIT - An officer who arrested a man for cursing in a public meeting violated the man's right to free speech, a federal appeals court ruled Friday.
The 6th U.S. Circuit Court of Appeals reversed a lower court's decision that Montrose Township police officer Stephen Robinson had probable cause to arrest Thomas Leonard in 2002 when Leonard cursed while addressing the township board.
"It cannot be seriously contended that any reasonable peace officer, or citizen, for that matter, would believe that mild profanity while peacefully advocating a political position could constitute a criminal act," the three-judge panel wrote in Friday's decision.
"All our client did was get up at a public meeting and express himself vigorously, and he was arrested for it," said Glen Lenhoff, Leonard's attorney.
At the time, Leonard's wife, Sarah, was suing the township over a towing contract. Thomas Leonard accused the board members in the meeting of cheating his family and saying, "That's why you're in a dirty lawsuit."
Robinson arrested Leonard, charging him with disorderly conduct and using obscene language. He was held in jail for an hour, and the charges were dismissed a month later.
Leonard sued in 2003, claiming the arrest violated his Fourth Amendment right to freedom from unreasonable seizure and, in a later motion, his First Amendment right to free speech. He sought at least $25,000 in damages.
Ralph Chapa, a partner in the law firm representing Robinson, said his firm is considering an appeal to the U.S. Supreme Court.
A U.S. District Court judge dropped the charges against Robinson in 2005, agreeing with the officer that he had probable cause to arrest Leonard. The case is to go back to the lower court, pending further appeals.
Sat Feb 3, 4:33 AM ET
DETROIT - An officer who arrested a man for cursing in a public meeting violated the man's right to free speech, a federal appeals court ruled Friday.
The 6th U.S. Circuit Court of Appeals reversed a lower court's decision that Montrose Township police officer Stephen Robinson had probable cause to arrest Thomas Leonard in 2002 when Leonard cursed while addressing the township board.
"It cannot be seriously contended that any reasonable peace officer, or citizen, for that matter, would believe that mild profanity while peacefully advocating a political position could constitute a criminal act," the three-judge panel wrote in Friday's decision.
"All our client did was get up at a public meeting and express himself vigorously, and he was arrested for it," said Glen Lenhoff, Leonard's attorney.
At the time, Leonard's wife, Sarah, was suing the township over a towing contract. Thomas Leonard accused the board members in the meeting of cheating his family and saying, "That's why you're in a dirty lawsuit."
Robinson arrested Leonard, charging him with disorderly conduct and using obscene language. He was held in jail for an hour, and the charges were dismissed a month later.
Leonard sued in 2003, claiming the arrest violated his Fourth Amendment right to freedom from unreasonable seizure and, in a later motion, his First Amendment right to free speech. He sought at least $25,000 in damages.
Ralph Chapa, a partner in the law firm representing Robinson, said his firm is considering an appeal to the U.S. Supreme Court.
A U.S. District Court judge dropped the charges against Robinson in 2005, agreeing with the officer that he had probable cause to arrest Leonard. The case is to go back to the lower court, pending further appeals.
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Damn power hungry cops. Don 0 -
Damn straight! 0 -
quote:Originally posted by dcon12
Damn power hungry cops. Don
Imagine that!![;)]0 -
This ruling brought back a flashback. Speeding ticket contested and Judge was not present. Highway Patrol who wrote ticket called people up one by one. I was 5th. He asked if I pleaded guilty or innocent. I said " What the Hell do you mean you aren't the Judge ?" He said If I spoke like that again I would be arrested. I told him I would just pay the damn ticket but NEVER give any more money to any law enforcement agency again for contributions. I thanked him for saving me at least $500 dollar a year. 0 -
quote:Originally posted by select-fire
This ruling brought back a flashback. Speeding ticket contested and Judge was not present. Highway Patrol who wrote ticket called people up one by one. I was 5th. He asked if I pleaded guilty or innocent. I said " What the Hell do you mean you aren't the Judge ?" He said If I spoke like that again I would be arrested. I told him I would just pay the damn ticket but NEVER give any more money to any law enforcement agency again for contributions. I thanked him for saving me at least $500 dollar a year.
Man, your a tiger!!! Don0 -
I saw that on Yahoo this morning.
Seems a little Draconian, don't it?
Man, those poor folks on the Montrose Township Council would faint dead away at one of the small town council meeting over in our neck of the woods. It gets heated. And personal.
Funny thing, though.
The smaller the town (and the greater the liklihood of seeing one or more of the folks you unloaded both verbal barrels on), the more raucus the meeting. It makes for great reading in our local rags.0 -
quote:Originally posted by Colonel Plink
I saw that on Yahoo this morning.
Seems a little Draconian, don't it?
Man, those poor folks on the Montrose Township Council would faint dead away at one of the small town council meeting over in our neck of the woods. It gets heated. And personal.
Funny thing, though.
The smaller the town (and the greater the liklihood of seeing one or more of the folks you unloaded both verbal barrels on), the more raucus the meeting. It makes for great reading in our local rags.
Yep. I live in a town of 200 and am on the council. Just last month we had a drunk landlord in the meeting accusing of all kind of stuff.
One of my personal favorites is the woman who wanted us to hold a town vote to kick her neighbors out of town. Or the one who was screaming "you are going to give me a heart attack" because we told her she had to keep her lawn mowed.0 -
quote:Originally posted by Warpig883
Yep. I live in a town of 200 and am on the council. Just last month we had a drunk landlord in the meeting accusing of all kind of stuff.
One of my personal favorites is the woman who wanted us to hold a town vote to kick her neighbors out of town. Or the one who was screaming "you are going to give me a heart attack" because we told her she had to keep her lawn mowed.
You must have amazing powers of self-control. I'm just too smart-alec.[8D]0 -
In the mean time real criminals (felons) are roaming free because a cop is tied up arresting soeone for cursing, at the same time robbers have shot a clerk and getting away with stolen goods, and driving by with money flying out there car window waving at the cop as he puts this criminal in cuffs into the cruiser.
Talk about car 54 where are you, stupid is as stupid does.0
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