The sheriff that arrested him should face criminal charges for misuse of authority. That he doesn't reflects a structural weakness in US law. In most European legal systems a law enforcement officer overstepping his legal authority would face criminal charges for it.
In the UK 30 people are arrested a day for social media posts online. Only about 10 percent resulting in convictions. Police don't face criminal charges for this. https://www.thetimes.com/uk/crime/article/police-make-30-arr...
Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit
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Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit
#252Earlier quoted context omitted.
Those 30 aren’t arrested for just for writing “social media posts” but for possibly “harmful communication including incitement to terrorism and violence, online threats and abuse, and unwanted communication via email and other means” Of the 90% many will accept their fault and receive a caution or warning Edit: and none of those cases would involve pretrial remand/jail
>Of the 90% many will accept their fault and receive a caution or warning Why do you need to arrest someone just to warn them?
One case I read of a guy who got in trouble for a social media post, he was called into the station and they basically forced him to sign a paper otherwise he couldn't leave as they'd just keep interrogating him, where I'd imagine they threatened to get the courts involved unless he admitted he was wrong for doing it. Which is why most of them don't end up as convictions.
It's basically a very aggressive warning.
Example: https://www.aol.com/police-apologise-arresting-former-specia...
> Mr Foulkes was detained in a police cell for eight hours and questioned in relation to a potential charge of malicious communications. He said he ended up accepting an unconditional caution because he feared the investigation could affect his visits to his daughter in Australia.
Another https://www.foxnews.com/world/blogger-arrested-sharing-anti-...
> After being questioned for several hours, North was released without charge.
Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit
#253Earlier quoted context omitted.
Look up the elements of false imprisonment. When there's a warrant, even if wrongly granted, the arrest and imprisonment is considered lawful.
No, it isn't. https://en.wikipedia.org/wiki/Habeas_corpus
Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit
#254Earlier quoted context omitted.
Note that the quoted laws also cover things that would be restraining or harassment orders in the USA.
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The guy who posted the photo of brown skinned people with the "imagine the smell" comment was American and lost his job. The UK wasn't involved in any way. [0]
The comedian you might be thinking of is Graham Linehan - he was arrested for inciting violence against trans people and has a long string of twitter posts quoted as possible reasons. (and had a similar post with the comment of "a photo you can smell" but with a photo of a trans rights protest, so perhaps the origin of the confusion?).
[0] https://timesofindia.indiatimes.com/world/us/indians-dogpile...
Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit
#255Earlier quoted context omitted.
In one case, the meme was accurate - the photo, the quote, and its attribution were all accurate, and the cops knew that. It never made it to trial, for obvious reasons. In the other, it was false information, a grand jury indicted, and a jury convicted. The appeal rested on the government struggling to demonstrate a) anyone actively fell for the information and b) the conspiracy element. ( https://ww3.ca2.uscourts.g…
In both cases the reason someone was persecuted was they offended someone in power. And the system eventually ruled in their favor. That is the similarity. If you view one of those cases as a bad result, then chances are you are biased. That said, if you downvote because you have looked into the cases enough to think that that similarity is not valid, and then you can articulate it (like the person I'm replying too d…
Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit
#256Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit
#257The fact that taxpayers and not the police themselves have to pay the settlement is the worst part of this. Every settlement against the police should be taken from their pension fund. This is something I've been advocating for decades now, because it creates an incentive not to do things like this. Right now, good cops don't patrol bad cops because it won't affect them. By aligning the incentives right, it will mean…
How would this work? Where do the money for their pension fund come from? Would taking money from it result in them receiving smaller pensions?
Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit
#258Earlier quoted context omitted.
No, it isn't. https://en.wikipedia.org/wiki/Habeas_corpus
What does that have to do with the elements of false imprisonment?
Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit
#259Why's everyone picking (rightfully) on the sheriff alone and ignoring that he got a legal warrant from a judge, and that the defendant was then later kept in prison by a judge?
That'll be because of this bit: > Weems admitted in a later interview that he knew at the time of the arrest that Larry’s Facebook post was a pre-existing meme that referred to an actual shooting that took place in a different state, over 500 miles away. But Weems and Morrow left out that extremely important context from their warrant application.
When it comes to whether a meme is a threat, the image largely speaks for itself and there’s no way you can reasonably read that meme to be a threat.
It’s clearly political and taking sides and potentially offensive, but there’s nothing to suggest anyone is going to take to violence. The judge should have seen the picture and denied the warrant.
Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit
#260The sheriff that arrested him should face criminal charges for misuse of authority. That he doesn't reflects a structural weakness in US law. In most European legal systems a law enforcement officer overstepping his legal authority would face criminal charges for it.
In the UK 30 people are arrested a day for social media posts online. Only about 10 percent resulting in convictions. Police don't face criminal charges for this. https://www.thetimes.com/uk/crime/article/police-make-30-arr...