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A first amendment case out of Alabama

Discussion in 'Too Hot for Swamp Gas' started by oragator1, May 13, 2024.

  1. oragator1

    oragator1 Hurricane Hunter Premium Member

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    Man gets pulled over. Cop writes what the man thinks is a questionable ticket.
    After ticket is written, cop stands in front of his car, man asks him to move so he can leave. Cop says “drive around me”. Man basically says “move your ass”.
    Guy goes to court to pay the ticket. Judge orders him to issue an apology to the cop or spend 30 days in the pokie. He was never charged with obstructing, disorderly conduct, and “ass” isn’t a profane word.
    So he’s fighting it. Would love to see this go all the way to the USSC. I don’t like that he made it about race when it’s probably nothing more than Alabama being Alabama with authority, but still hope he wins.

     
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  2. gator_lawyer

    gator_lawyer VIP Member

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    :emoji_thinking:
     
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  3. okeechobee

    okeechobee GC Hall of Fame

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    I doubt this makes it to the USSC. Likely to be overturned at first level of appeals, I would think.
     
  4. oragator1

    oragator1 Hurricane Hunter Premium Member

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    my point was that the judge may just be a cop slurper who had done this a hundred times with all kinds of defendants. And the cop may be a good ole boy who won’t have his authority questioned by anyone. If an investigation of their previous rulings or stops (which will surely now come) finds a racial bias then give then whatever they deserve. But not all king (deleted) aholes or condescending people in power are racists. So have actual evidence before making the claim.

    But like I said, the cop and judge are jerks at a minimum if the story laid out is accurate, so I hope he wins and part of the ruling is an apology to him. That would be hilarious.
     
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  5. gator_lawyer

    gator_lawyer VIP Member

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    Alabama being Alabama would lend credence to his beliefs. I'm not sure how he's supposed to have "actual evidence" beyond his own personal experiences. Are you expecting him to put together a study on racial bias in this judge's sentencing before offering his opinion?

    We agree that both the judge and the cop are a-holes, at least.
     
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  6. okeechobee

    okeechobee GC Hall of Fame

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    It is silly what some small time judges get their asses up on their back over.
     
  7. oragator1

    oragator1 Hurricane Hunter Premium Member

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    If he doesn’t have evidence, don’t make the claim. The seeming silliness of the judge’s ruling is more than enough to stand on.
     
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  8. WESGATORS

    WESGATORS Moderator VIP Member

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    Always be respectful to police officers; not because they deserve it; because it leads to you being on your way with the least amount of BS. Check your ego; don't expect the police officer to check his. If there's a problem that you believe needs to be addressed, file a complaint later. I'm not saying what the police officer did is right; I'm not saying what the judge did is right, but come on, apply a little common sense. You've got your kids in the car, lead by example. We've read about all kinds of abuse cases from police and judges over the years; why not take the path of least resistance until you are through your situation. THEN if you want to escalate, do so without anything hanging over your head.

    Also, if you are not going to be an ego checker, be sure to get a dash cam and record multiple angles of the encounter. Ask for the police officer's camera. Sometimes AH meets AH and people each get what they deserve (not saying that's necessarily the case here, but if you're going to challenge, be prepared).

    If I took up every confrontation that I thought warranted a more appropriate solution, I'd never have time to enjoy life. This whole thing just reads as people that don't know how to interact with one another...my money is on each of them having an opportunity to make better decisions.

    Go GATORS!
    ,WESGATORS
     
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  9. gator_lawyer

    gator_lawyer VIP Member

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    He has evidence. That evidence is his personal experience. It's your call whether you think it's compelling evidence, but it is evidence. And he has every right to speak his truth.
    Yeah, this response deeply bothers me. The idea that we should have to walk on eggshells because we can't trust police officers and judges not to abuse their authority in what is supposed to be a free country is appalling.

    Let's stop talking about what's prudent to avoid egotistical tyrants abusing their power and start talking about how to rein in those egotistical tyrants and hold them responsible for abusing their power. As long as people let them get away with this shit, they'll keep doing it.
     
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  10. oragator1

    oragator1 Hurricane Hunter Premium Member

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    It’s not evidence in this case. It’s a broad stereotype based on anecdotal experiences that have nothing to do with the people here. Everyone deserves to be judged on their own merits, whatever those turn out to be here, bad or worse. Heck, isn’t that exactly what civil rights folks have been justly fighting for generations? Shouldn’t others be afforded that same opportunity?
     
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  11. Gatorrick22

    Gatorrick22 GC Hall of Fame

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    All this because the cop would not move and the driver had to drive around him? Yes, this is what the First Amendment court case should be about. :rolleyes:
     
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  12. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

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    Is that really what you got out of reading about this?
     
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  13. BLING

    BLING GC Hall of Fame

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    It becomes a “1st amendment case” because the judge sentenced the guy to “30 days or an apology”. Under any plain reading of the constitution the “judge” has no authority to order an apology, even when one of the parties is a butthurt and unprofessional cop.
     
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  14. Orange_and_Bluke

    Orange_and_Bluke Premium Member

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    Unusual for you to make a post like this one.
    I’m on the side of Wes. Just be polite and be on your way.
    Cops have big egos….newsflash.
    I’m not in favor of anyone disrespecting a policeman.
     
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  15. BLING

    BLING GC Hall of Fame

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    He’s not in a position to have evidence.

    But it’s certainly a valid hypothesis. Maybe with extra attention on the cop/judge, the hypothesis gets tested? Otherwise they carry on with whatever corruption (or racism) led to this nonsense.
     
  16. rivergator

    rivergator Too Hot Mod Moderator VIP Member

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    1. Don't disrespect the police. No need for it, and there's always the chance of this or something worse happening.
    2. The judge's order was ridiculous. I can't imagine it will survive appeal, but I've been wrong before.
     
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  17. ValdostaGatorFan

    ValdostaGatorFan GC Hall of Fame

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    TitleTown, USA
    The land of the free. Show respect.. or else!

    Where "something worse" is an actual, dare I say probable, result of not showing "respect." Are you sure we're not talking about the mafia?
     
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  18. orangeblue_coop

    orangeblue_coop GC Hall of Fame

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    Plenty of policemen dish out dish out disrespect, so they shouldn't get mad when it gets thrown back at them. Anyway, not surprised the cop glazers would be defending them.
     
  19. orangeblue_coop

    orangeblue_coop GC Hall of Fame

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    They're not known as the biggest gang in America for nothing
     
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  20. wgbgator

    wgbgator Premium Member

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    If he went to pay the ticket (which implies there was no contesting it), why was there a judge involved? All the tickets I paid in person, I paid a clerk and was on my way.
     
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