[HN Gopher] 'No Reasonable Officer' Would Have Arrested a Guy fo...
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       'No Reasonable Officer' Would Have Arrested a Guy for a Covid-19
       Joke
        
       Author : agensaequivocum
       Score  : 22 points
       Date   : 2023-08-28 21:39 UTC (1 hours ago)
        
 (HTM) web link (reason.com)
 (TXT) w3m dump (reason.com)
        
       | Supermancho wrote:
       | > Under Brandenburg, even advocacy of criminal conduct is
       | constitutionally protected unless it is "directed" at inciting
       | "imminent lawless action" and "likely" to do so. Bailey's joke
       | plainly did not satisfy either of those prongs.
       | 
       | I just don't understand how a judge would arrive at this
       | interpretation. Imminent lawless action is a very narrow scope
       | and does not overlap with the "fire in a theater" danger of false
       | alarm. How about directed societal, self-harm? Don't call the
       | police if you're sick, they might shoot? This is a demonstrated
       | effect, in areas of the US, _prior to the pandemic_. This kind of
       | lawless misinformation would be in-addition-to.
        
         | 221qqwe wrote:
         | Perhaps, in no way does that justify a SWAT team invading your
         | home, wrongfully arresting you and threatening you by up to 15
         | years in prison. Especially when the police officers know full
         | well that the charges will be dismissed...
         | 
         | And anyway, as stupid as his joke was, I don't see (just like
         | the judge) how any reasonable person could've interpreted it as
         | anything but that. Arbitrary abuse of police power is much
         | bigger threat to society than some (potential) idiots posting
         | stupid jooks on Facebook.
        
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       (page generated 2023-08-28 23:01 UTC)