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U.S. News posted this week (11-17 Aug 2019) in Review

De'Von Bailey was running from police, shot four times, video shows

Attorney General William Barr Declares War On The General Public

Tinton Falls cops held father and daughter at gunpoint, shot their dogs: Lawsuit

'Friends, you're going to love Greenland. I was there on 9/11'

‘Easy Rider’ Peter Fonda dead at 79: ‘Please raise a glass to freedom’

The Lee Harvey Oswalding of Epstein

Hut! Hut! Hutted! For Wheelies on Bicycles

“That’s fine for you to say - but you don’t know ... what corporate America is like” --- “It’s like East Germany now.”

What good is the FBI and DOJ?

Alarm as Trump Requests Permanent Reauthorization of NSA Mass Spying Program Exposed by Snowden

50-YR OLD HAITI OFFICIAL, Slated To Testify Against Clinton Foundation Corruption Next Week, Found DEAD In Miami With “Gunshot to the head”

Mrs. Buttigag Reportedly Helped Create Phone System To Alert Illegal Aliens About ICE Raids

Lone Shooters, Terrorism, and Semantics

‘Zero Emission’ Electric Cars

Do We Have A Right To Revolution?

THIS DAY IN HISTORY – The Ramones play their first public gig at CBGB in downtown Manhattan – 1974

Epstein Autopsy Finds Evidence He May Have Been Murdered

The Original "Bullitt" Mustang Is Headed to Auction

Here Is How China Is Really 'Paying' For Tariffs

Lindsey Graham slams Dem colleagues for brazen warning to Supreme Court

Escaped Cow that became Social Media Sensation is Shot and Killed by Deputies

Poll: Farmers Support Tariffs On China

Court Suspends 2 Prosecutors' Law Licenses for Covering up Brutal Police Beating

Radical Indoctrination: Coming to a Public School Near You

Who Inflicts the Most Gun Violence in America? The U.S. Government and Its Police Forces

Cops Still Love Their Armored Vehicles

Farmers Hit Back as USDA Chief Mocks Those Harmed by Trade War as “Whiners”

Mark Levin Rips Into Rand Paul Over Iran

The Out Of Touch “Car Guy”

Why Facts Don’t Change Our Minds

Dem 2020 Platform seen in 391 BC Greek Comedy

Hong Kong protesters sing US anthem, with US flags, against Chinese tyranny during airport occupation

UN To America: Open the Border, Kill More Babies

FBI Orchestrated Terror Plots to Frame Patsies as White Nationalist Terrorists

The Case for Legalizing Organ Sales

With Latest Trade War Gambit, Trump Administration Admits Americans Are Paying Tariff Costs

Trump Suggests 'Red Flag' Laws Be Used to Take CNN Anchor Chris Cuomo's Guns Away After Viral 'Fredo' Outburst

Rand Paul Would Undermine Trump’s Iran Policy

Trump administration releases new 'public charge' rule making it easier to reject immigrants

Republican Actors

Chris Cuomo Proves He's An Idiot

Iran is now counting on Rand Paul and his allies to salvage Obama's disastrous nuclear deal

Russia admits nuclear reactor blew up during missile test 250 miles from Moscow

WATCH: CNN’s @ChrisCuomo threatens Trump Supporter: “I’ll throw you down the stairs like a f***-ing punk!”

Leaked Documents Show Executive Order Would Create Real Internet Speech Police (White House is Planning Executive Order to Censor the Internet )

Prison worker’s 4Chan post 10 minutes before news of Jeffrey Epstein’s death hit media: “…guy in a green dress military outfit… switched him out”

Aaron Sandusky Has Spent 7 Years in Prison for Selling Medical Marijuana

Woman Installs Hidden Cameras in Family Home, Sees Husband Poisoning Her Coffee

They Hate Us...Maybe We Should Start Accepting That And Respond Accordingly


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U.S. Constitution
See other U.S. Constitution Articles

Title: Students Make A Video Depicting A School Shooting; Sheriff Decides Everyone Needs To Have Their Rights Violated
Source: TechDirt
URL Source: https://www.techdirt.com/articles/2 ... ve-their-rights-violated.shtml
Published: Dec 28, 2018
Author: Tim
Post Date: 2019-01-02 06:50:36 by Deckard
Keywords: None
Views: 155
Comments: 9

from the if-he's-lucky,-he'll-only-face-one-lawsuit dept

Heightened sensitivities and a law enforcement track record of overreaction has prompted a New York Sheriff's Office into actions that will probably result in at least one civil rights lawsuit. When students of a New York school decided to create a couple of videos and post them to Instagram, the Sheriff felt compelled to violate the students' Fourth Amendment rights after disregarding their First Amendment rights.

Three students face felony charges of making a terroristic threat for posting online two brief videos where they act out a school shooting in someone’s house.

[...]

The Albany County Sheriff’s Office said the videos were made by Ravena-Coeymans-Selkirk students aged 10, 14 and 15 and posted to Instagram. They show a student with a fake gun barging into a living room and “shooting” two other students. In one video, students, who are all white, use a racial epithet.

Sheriff Craig Apple called the videos “very graphic, very racist and horrifying.”

Lots of movies, books, TV shows, and videogames contain "graphic and horrifying" content. Some even include "racist" dialogue, just as this video did. At no point did any of the participants mention a school, mention an intent to perform these acts at a school, or even tag other students/schools in the posting. It was simply a dramatization of events that happen far too often in this country.

The videos were noticed by a student of the school the three arrested students attended. No one's faulting the school for handing over the videos to law enforcement, but the sheriff's office should have recognized the students were engaging in protected speech, not issuing terroristic threats. A simple conversation about why the videos might be disturbing to others should have been the end of it. Instead, there are now three arrests and a bunch of civil rights lawyers pointing out exactly why these arrests should not have occurred.

Manhattan civil rights lawyer and television commentator Ron Kube said the videos don’t rise to the level of terroristic threat because there was no specific target or agenda. “This appears to be a wild overreaction driven by the legitimate concerns about school shootings,” Kube said Monday.

Civil rights lawyer Normal Siegel, former executive director of the New York Civil Liberties Union, also said there was no terroristic threat and that the videos appeared to be an attempt at acting.

“The arrests raise serious and substantial First Amendment concerns,” said Siegel. “Making a video is protected by the First Amendment.”

Content disturbing to others is present in a lot of content. Just because this dramatization happened to be produced by students and distributed by Instagram doesn't somehow entitle it to less First Amendment protection than a motion picture released by a major studio. Just because the participants happened to be school students doesn't mean their speech is less protected than someone with a multi-million dollar budget.

Sheriff Craig Apple's speech -- as moronic as it is -- is also protected by the same First Amendment he won't extend to these students.

There’s been enough shootings going on around the country. This is despicable artistic expression, if that’s what it was.”

Sheriff Apple is free to hate the expressive speech. But he's not free to arrest people for speech he doesn't like. And all the "but what if a shooting actually happened?" excuses don't make this any less of a compound civil rights violation.

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#1. To: Deckard (#0)

"At no point did any of the participants mention a school, mention an intent to perform these acts at a school, or even tag other students/schools in the posting."

From the Associated Press:

"In one video, the “shooter” says “I’ve always hated school” before pretending to fire a toy gun at a boy sitting on the couch and a girl writhing on the floor."

misterwhite  posted on  2019-01-02   10:10:51 ET  Reply   Trace   Private Reply  


#2. To: misterwhite (#1)

"In one video, the “shooter” says “I’ve always hated school” before pretending to fire a toy gun at a boy sitting on the couch and a girl writhing on the floor."

Oh, he mentioned the word "school"?

Pretty lame, even for you bobby boy.

He didn't mention a particular school, did he now?

Computer Hope

Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.

Deckard  posted on  2019-01-02   10:22:21 ET  Reply   Trace   Private Reply  


#3. To: Deckard (#2)

He didn't mention a particular school, did he now?

Maybe we should wait until he shoots up a school, huh? Then you could get on your high horse and blame the authorities for not doing something when he made these remarks.

No matter how this goes down you get to engage in your favorite activity -- blaming everyone but the guilty.

misterwhite  posted on  2019-01-03   9:59:12 ET  Reply   Trace   Private Reply  


#4. To: misterwhite (#3)

blame the authorities for not doing something when he made these remarks.

Oooh - he made some "remarks"?

Crawl back under your bed and hide bobby.

Computer Hope

Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.

Deckard  posted on  2019-01-03   10:40:40 ET  Reply   Trace   Private Reply  


#5. To: Deckard (#4)

Oooh - he made some "remarks"?

"Remarks" that you would have pounced on as gospel had they shot up the school.

So, yeah.

misterwhite  posted on  2019-01-03   12:02:14 ET  Reply   Trace   Private Reply  


#6. To: misterwhite (#5)

"Remarks" that you would have pounced on as gospel had they shot up the school

Seems to me you're the one pissing his diaper with fear because some goofy kid made a "remark" that didn't threaten anyone.

Computer Hope

Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.

Deckard  posted on  2019-01-03   12:35:08 ET  Reply   Trace   Private Reply  


#7. To: Deckard (#6)

Seems to me you're the one pissing his diaper with fear because some goofy kid made a "remark" that didn't threaten anyone.

Nope. Just supporting his arrest.

misterwhite  posted on  2019-01-03   13:12:04 ET  Reply   Trace   Private Reply  


#8. To: Deckard (#2)

The defendants will have an opportunity to have a pre-lim to determine if LE had enough probable cause to have made the arrest. Then the defendants will have an opportunity to have a trial by a jury of their PEERS... if a pre-lim determines enough probable cause. THEN if the defendants are found guilty, they will have ample opportunities to file motions all the way up to the USSC to get their convictions overturned on the basis of “1st & 4th” amendment violations.

So shut your fucking mouth. You aren’t a legal or constitutional authority. You are simply an online anarchist opinionated asshole... aka little people.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2019-01-03   18:29:15 ET  Reply   Trace   Private Reply  


#9. To: GrandIsland (#8)

Deckard does tend to get ahead of himself -- he looks at an arrest as tantamount to life imprisonment -- skipping the 20 steps in between.

misterwhite  posted on  2019-01-04   9:15:49 ET  Reply   Trace   Private Reply  


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