Man Arrested for Criticizing Police in E-Mail to Louisiana Paper

[RamboLiberal]

Source: Editor & Publisher/AP

LAFAYETTE, La. The American Civil Liberties Union has filed a lawsuit on behalf of a Louisiana man who claims he was arrested for criticizing a police chief in an e-mail to a newspaper.

The lawsuit filed Wednesday in federal court accuses Mamou police chief Greg Dupuis and several of his officers of violating the civil rights of 52-year-old Bobby Felix Simmons.

In an e-mail he sent to The Ville Platte Gazette last year, Simmons asked why the newspaper hadn't reported on allegations of improper conduct by Dupuis. Simmons was later arrested at his home in Franklin and charged with criminal defamation.

Dupuis denies violating Simmons' civil rights, but the ACLU claims the chief retaliated against their client for exercising his right to free speech.




Read more: http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1003965200

[FiveGoodMen]

1. "criminal defamation" is a legal charge?

[Wizard777]

9. Yes. Defamation can be pursued criminally, civilly, or both.

However most, well damn near all, departments will not pursue the matter criminally. You have a higher burden of proof in criminal court. You also run into nightmare freedom of speech issues. So they will not waste their time or resources on a criminal prosecution for defamation. So this is obviously a vendetta.

[roguevalley]

20. yeah, i think the cops will truly regret it before this is over and so

will the city when they pay damages to this man.

[MrPerson]

2. "criminal defamation?" How is that remotely constitutional?

[Wizard777]

11. Forget about the first amendment for a second. Think about the Fifth and Due process.

Many times defamation involves false accusations made in public. Like he beats his wife, she supports terrorists, or they molest children. This can be a form of misrepresentation aka fraud. Why shouldn't it be criminally actionable like any other frauds?

[MrPerson]

13. NY Times vs. Sullivan. Public figures must show malice for a civil action

How would a criminal law be constituional?

[Robb]

14. Are police considered public figures?

I have no idea. A chief might be, as s/he issues press releases. :shrug:

[MrPerson]

15. Thats a judgment call.

[Wizard777]

18. I'm gonna say yes they are. I'm taking this from a Maryland case that is very similar.

A Maryland State Police officer pulled a guy over and gave him a ticket. The guy gave the officer the finger. The Officer arrested him for it. Being from the Free State of Maryland. Of Course this guy took this lil traffic incident all the way to the Supreme Court. I kid you not. What SCOTUS found was that the man would have been well with in his rights to give the finger to the President of the United States. Since this was not a protection afforded to the President. The officer had no reasonable right to expect this protection. So in this case SCOTUS is comparing the officer to the President who is definately a public figure. So I would also think they would find that the officer is a public figure. If not they made a bad analogy in that case.

[LiberalFighter]

19. Of course they are. They interact with the public with the purpose

of keeping law and order.

[CBGLuthier]

3. Insane law.

and the SC has not ruled it 100% unconstitutional

Louisiana Criminal Defamation
LA R.S. 14:47

Defamation is the malicious publication or expression in any manner, to anyone other than the party defamed, of anything which tends:

(1) To expose any person to hatred, contempt, or ridicule, or to deprive him of the benefit of public confidence or social intercourse; or

(2) To expose the memory of one deceased to hatred, contempt, or ridicule; or

(3) To injure any person, corporation, or association of persons in his or their business or occupation.

Whoever commits the crime of defamation shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.



How this law and the first amendment can coexist is beyond me.

[izquierdista]

6. Blowback

How the police will avoid having this blow up in their face is beyond me.

[Posteritatis]

4. "Criminal defamation?" Isn't that normally called lese majeste? (nt)

[Wizard777]

12. Only when you defame the King.

[damntexdem]

21. What does Elvis have to do with it?

He was from Tennessee. ;-)

[pnwmom]

5. Wow. Just wow. n/t

[L0oniX]

7. Since when is defamation criminal? Isn't it a civil thing?

[TheWraith]

8. I'm thinking the allegations of improper conduct were spot on target. nt

[Name removed]

10. Deleted message

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[Raine]

16. Jesus Christ!!!

:wow: :wtf:

[ThirdWorldJohn]

17. How can asking about alledged misconduct defame anyone? "ALLEDGED" N/T