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Reason
Reason
Politics
Eugene Volokh

Calling Police Officer "Pig," "Terrorist," "Punk Ass," and "Bitch" in Facebook Comments Not Obscene After All

From Chief District Judge Philip Brimmer (D. Colo.) on March 31 in Sgaggio v. De Young, largely reversing a contrary Magistrate Judge opinion (which I blogged about here). Note that the Firearms Policy Coalition engaged me to file an amicus brief in the case, together with the FPC's Matt Larosiere (see here for the FPC's press release). From the Chief District Judge's opinion:

The City's Police Department (the "Police Department") executed a warrant to search a residence, which residence was unrelated to plaintiff, for the unlawful possession of marijuana. On or about July 19, 2018, the Police Department posted about the execution of the warrant on its public Facebook page. That day, a Facebook user posted a video about the execution of the warrant with the caption "[d]ad tells a story of the house being raided for MMJ." In response to the Police Post, plaintiff posted on the Police Department's Facebook page a link to the Woodland Park Video with the caption "[y]ou target sick kids to get your overtime pay. . [sic] That's why you are a pig."

Plaintiff later commented, "[w]hy did you punk ass pigs remove my post. This is a pubic [sic] forum. I'm going to sue the chief of police, the city of Woodland Park, and whatever punk ass bitch remove my post. Your actions are unconstitutional and violation of federal law 18 usc 241,242. . [sic] see you pigs in Federal court. . [sic]"; posted a link to the Woodland Park Video with the caption "[y]ou target sick children to Enrich [sic] officers [yellow police officer emoji] with overtime pay. . [sic] dirty ass cops"; and commented, "Tyler Pope they violate the constitution daily. All too stupid to understand the oath they took. We the people will bring these terrorists into federal court."

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