So, a guy gets a speeding ticket.
He pays the ticket, on time, with a valid check.
But he adds a bunch of obscenities and editorializing on the ticket form. Not threats, just pissed off.
So...he is arrested? Really? This is clearly political speech, in the sense of a petition for a redress of grievances. No question it is political, so fails the Miller Test on what can be prosecuted.
And no one even saw it, until the state decided to make an issue of things that would have just remained private.
He pays the ticket, on time, with a valid check.
But he adds a bunch of obscenities and editorializing on the ticket form. Not threats, just pissed off.
So...he is arrested? Really? This is clearly political speech, in the sense of a petition for a redress of grievances. No question it is political, so fails the Miller Test on what can be prosecuted.
And no one even saw it, until the state decided to make an issue of things that would have just remained private.
2 comments:
Of course he was arrested: he committed Contempt of Cop. Then of course the charges were dropped; it's not technically illegal.
The point of the arrest was not to achieve conviction at trial. The point was to harass a person who is not showing Proper Respect to Authority.
Good on the ACLU (NYCLU?) for supporting his suit and good luck to him.
And it happened where? In LIBERTY, N.Y.!!
I LOVE IT!
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