'A police officer’s confiscation of two signs reading “Cops Ahead” violated the First Amendment rights of the man who was holding them, a federal appeals court has ruled.
The 2nd U.S. Circuit Court of Appeals at New York revived Michael Friend’s claims that the Stamford, Connecticut, police officer violated his First Amendment right to free speech and his Fourth Amendment right against malicious prosecution. But the appeals court ruled against Friend on his 14th Amendment claims regarding his $25,000 bail.
Friend was alerting drivers to an enforcement operation ahead that targeted cellphone use while driving.
“There was no basis for suggesting that Friend’s speech does not receive the protection of the First Amendment,” the 2nd Circuit said in a Feb. 27 decision.
In addition, the appeals court said, the officer’s actions were not narrowly tailored to serve a compelling government interest. Although the government has an interest in saving lives and enforcing distracted driving laws, the officer has not explained how issuing citations is a compelling interest, the 2nd Circuit said.'
Very good.
Liberty is safeguarded when the authority of the state is subject to limits and restrictions.
The 2nd U.S. Circuit Court of Appeals at New York revived Michael Friend’s claims that the Stamford, Connecticut, police officer violated his First Amendment right to free speech and his Fourth Amendment right against malicious prosecution. But the appeals court ruled against Friend on his 14th Amendment claims regarding his $25,000 bail.
Friend was alerting drivers to an enforcement operation ahead that targeted cellphone use while driving.
“There was no basis for suggesting that Friend’s speech does not receive the protection of the First Amendment,” the 2nd Circuit said in a Feb. 27 decision.
In addition, the appeals court said, the officer’s actions were not narrowly tailored to serve a compelling government interest. Although the government has an interest in saving lives and enforcing distracted driving laws, the officer has not explained how issuing citations is a compelling interest, the 2nd Circuit said.'
Confiscation of man's 'Cops Ahead' signs violated First Amendment rights, appeals court says
The ABA Journal is read by half of the nation's 1 million lawyers every month. It covers the trends, people and finances of the legal profession from Wall Street to Main Street to Pennsylvania Avenue.
www.abajournal.com
Very good.
Liberty is safeguarded when the authority of the state is subject to limits and restrictions.
