General Discussion

Ms. Toad

(38,426 posts)

32. It's not about going to trial

Sat Jun 20, 2020, 04:53 PM

Jun 2020

It's about changing behavior. Tinker has changed the behavior of schools as to limits on student speech for decades. Landmark 1st amendment cases do that.

(I'm not suggesting that this is a landmark case, but the point of my initial comment had nothing to do with the personal consequences connected to this particular case. The reason an constitutional attorney would be interested in this case is the connection between threats by the president directed at one viewpoint, followed by arrests by local police that (intiallly, at least) were reported to be based on suppression of that viewpoint on the streets of Tulsa (generally treated as forums for free speech)

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Tulsa police arrested a woman in line with a ticket just for her "I can't breathe" T-shirt [View all] sunonmars Jun 2020 OP

Assuming that was the basis of the arrest, Ms. Toad Jun 2020 #1

There's no real consequence for the police. unblock Jun 2020 #4

I think a quick release is exactly what is going to happen. Pacifist Patriot Jun 2020 #8

I agree with your analysis gratuitous Jun 2020 #21

I'm talking about a claim against the city for a violation of first amendment rights. Ms. Toad Jun 2020 #11

Those cases are exceedingly to win unblock Jun 2020 #16

First amendment cases do not depend on the value lost Ms. Toad Jun 2020 #18

Technically you're right of course, it's just hard to win, and any award would be small unblock Jun 2020 #22

That's false arrest, false imprisonment, and malicious prosecution, and civil rights Ms. Toad Jun 2020 #27

Interesting case unblock Jun 2020 #31

It's not about going to trial Ms. Toad Jun 2020 #32

I hear ya unblock Jun 2020 #35

You're still focusing on the individual consequences of this arrest. Ms. Toad Jun 2020 #36

and they can still be sued for holding her without cause Archetypist Jun 2020 #13

In practice it's all too easy for the police to come up with some excuse unblock Jun 2020 #19

I know Archetypist Jun 2020 #20

If she brings a case, that too would mostly be a political statement unblock Jun 2020 #23

CNN had it on as it seemed to be happening - or very shortly thereafter. She was ... Pacifist Patriot Jun 2020 #5

That's largely the point of civil disobedience, done correctly. Ms. Toad Jun 2020 #12

I watched in real time. She was actually dragged off screaming. nolabear Jun 2020 #33

The police stated the grounds for arrest was "Trespassing" at a private event Pachamama Jun 2020 #6

If she had a ticket, she isn't trespassing Ms. Toad Jun 2020 #14

Once she was asked to leave it was civil trespass grantcart Jun 2020 #25

That is unclear to me, based on the videos I've watched. Ms. Toad Jun 2020 #26

Good points, I didn't see the video grantcart Jun 2020 #30

No. Really? Laelth Jun 2020 #2

I watched it. There was no reason to arrest her. Ilsa Jun 2020 #9

Would you say the same to a person wearing a Confederate Flag TShirt forthemiddle Jun 2020 #28

I'd absolutely say the same thing. nolabear Jun 2020 #34

Personally, I wouldn't intervene as a LEO or Ilsa Jun 2020 #37

I think she was asked to move from her spot where she sitting? imanamerican63 Jun 2020 #15

Would love to see the written reason for arrest. The actual reason is she is inconvenient. Eliot Rosewater Jun 2020 #3

+10000000 Pachamama Jun 2020 #7

I heard commentary passing by the TV--trespassing R B Garr Jun 2020 #10

They arrested her for trespassing Fullduplexxx Jun 2020 #17

"You're free to say whatever we tell you to say whenever you like, ma'am. Otherwise, come with us" struggle4progress Jun 2020 #24

I misread...I thought I read her shirt said "I can't read" bluecollar2 Jun 2020 #29

Kick ck4829 Jun 2020 #38