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posted by janrinok on Tuesday May 07 2019, @09:24PM   Printer-friendly
from the coming-down-firmly-on-the-fence dept.

Submitted via IRC for Fnord666

Law enforcement officers tend to frown on citizens interfering with their revenue generation. This has led to a number of First Amendment lawsuits from people arrested for warning others about [check notes] the existence of police officers in the vicinity.

One citizen was told as much when he was arrested for holding up a sign reading "Cops Ahead." One cop kept on script, referring to the man's actions as "interfering with an investigation." It wasn't an investigation. It was a distracted driving sting. The cop actually hauling him to the station was more to the point, telling the man he was arresting him for "interfering with our livelihood." First Amendment violation or felony interference with a business model? Why not both?

A lawsuit was filed in 2018 seeking a declaration that honking a car's horn is protected expression. And, all the way back in 2011, a class action lawsuit was filed over citations and arrests for flashing headlights to warn drivers of unseen officers.

A federal judge has decided -- albeit not very firmly -- that at least one of these actions is protected by the First Amendment. Wisconsin Magistrate Judge Stephen Crocker says flashing your headlights to warn drivers of speed traps is expressive speech -- something cops would be better off not trying to punish. (via Volokh Conspiracy)

Source: https://www.techdirt.com/articles/20190502/05382642129/federal-judge-says-flashing-headlights-to-warn-drivers-hidden-cops-might-be-protected-speech.shtml


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  • (Score: 2) by bzipitidoo on Wednesday May 08 2019, @03:40PM

    by bzipitidoo (4388) on Wednesday May 08 2019, @03:40PM (#840815) Journal

    Sorry to hear that your parents were caught up in author and police machinations, with the original allegations every bit as ridiculous and unbelievable as the whole Pizzagate thing. Sounds like there's grounds for some lawsuits in there, but would need lots of proof, and video recorders were not ubiquitous in the 1980s.

    A likely motive of the police is their jobs. It's the Prison Industrial Complex at work. If crime is down, then maybe the city doesn't need as many police officers. It's sad the shit people will do to keep a job. Yes, they will lie, frame, bear false witness, and other crap if they think their job depends on it. They're helped along that path of dishonesty and treachery by the bad examples of their superiors. Why should they be honest when their bosses aren't? It's asking too much of most people to take a stand on principle that will too likely eliminate their jobs. The management that pressures employees in that fashion is asking for trouble.

    One of the most egregious historic cases of this sort was perpetrated by Harry Anslinger, head of the Federal Bureau of Narcotics. When Prohibition (of alcohol) was repealed in the US in 1933, he was faced with a crisis. His entire agency might be eliminated. So what did he do? Smeared marijuana, that's what. Did a u-turn from previous claims that cannabis was not harmful to literally claim that "reefer madness" turned people into axe murderers. People bought it, and so the War on Drugs gained new life that has lasted decades. They were all the more inclined to buy it because, ironically, Anslinger had a reputation for honesty. Also, the idea to smear marijuana did not originate with Anslinger, there were others who had motivations such as eliminating competition and selling newspapers, and so there was already a fire for Anslinger to fan. And fan it he did.

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