Wisconsin Man Files Suit After Police Arrest Him For Calling Them Racists On Facebook

This case is something completely different yet fits in with the previous two posts (here and here) which deal with abuse of police powers. A man from Wisconsin is filing suit alleging that he was arrested for comments posted on Facebook accusing policemen of racism. The StarTribune reports:

A man who got arrested after he posted Facebook comments calling a southwestern Wisconsin police department racist has filed a federal lawsuit alleging one of the agency’s officers violated his constitutional rights.

Thomas G. Smith posted profanity-laced comments on Facebook that called police officers in Arena racists in July 2012. He posted the remarks in response to a police Facebook posting several days earlier thanking community members for helping detain two black juveniles who were fleeing officers.

According to the lawsuit filed Monday, an officer named Nicholas Stroik saw Smith’s comments and deleted them, along with comments from two other people who accused police of targeting black people.

Police then called Smith, who was living in Arena at the time, and asked if he had posted the remarks attributed to him. He told officers he wrote the comments and he meant them. Later that night officers arrested him at his home and took him to jail, the lawsuit said.

Prosecutors later charged him with disorderly conduct and unlawful use of computerized communications. They contended his comments amounted to fighting words, defined by the U.S. Supreme Court as utterances that have nothing to do with the exchange of ideas and can incite an immediate breach of the peace.

A jury convicted him and he was sentenced to probation and community service. A state appellate judge, however, tossed his convictions out in July, ruling that the fighting words doctrine doesn’t apply when the speaker and listener aren’t in close physical proximity and that Smith’s comments amounted to protected free speech under the U.S. Constitution.

The suit seeks unspecified damages and attorney fees from Nicholas Stroik and from the Village of Arena for failing to properly train Stroik on the U.S. Constitution.

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1 Comment

  1. 1
    JimZ says:

    Wow – this is a stunningly fascist turn of events.  Police (and prosecutors and courts) arresting, prosecuting and convicting a man of disorderly conduct for posting a Facebook harangue???  I hope he wins the lawsuit.

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