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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

#491
post #281

Earlier quoted context omitted.

> The second one was for specifically racist messages - i.e. breaching hate speech laws - not just being mean. Can you provide a definition of "hate speech" which doesn't also apply to "mean words"? Are you suggesting racist words are a special category of mean words or something? If so why?

Hate speech is a subcategory of mean words that needs to be legally prevented for a just society where people are equal. Racist words are only hate speech if they are uttered and used in a discriminatory manner. Since whatever group is targeted by hate speech is the only group that can be harmed by the hate speech, they should be handled differently in the eyes of the law to ensure no one group is excessively discrim…

Do you feel the same about homophobia, height discrimination, fat discrimination and other discriminatory behaviours? Or do you feel these are different enough that they should be treated differently?

I think I disagree with you on this, but I think what you've said is a perfectly valid opinion and appreciate your response. I'm sorry that it appears someone has downvoted you for disagreeing. This seems to be a new trend on HN and I wish people would stop doing it.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#492
post #445

Earlier quoted context omitted.

From what I could tell from the article, an officer submitted a warrant request to a judge and the judge approved it. That request was potentially incomplete because it left out the fact that the victim here didn’t actually make the meme. On the other hand I’m not sure whether omission matters since it would still be protected speech if he made it. So I would place a good amount of blame at the feet of the judge, who…

> That request was potentially incomplete because it left out the fact that the victim here didn’t actually make the meme. Even if the man did make the meme I'd say it should qualify as free speech

Would you say the same about Alex Jones? Why not?

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#493
post #94

Earlier quoted context omitted.

OP says that they left out information (which cops do all the time) but that the warrant shouldn't have been granted either way because of SCOTUS precedent. Would welcome reform that makes it harder to lie on warrant affidavits, although again, that should be civil in nature.

> they left out information Yes, we call that lying by omission. They knew that information would result in the warrant not being granted, so they left it out.

The affidavit did not support the post was a threat.[1] This was why FIRE said the information left out should not have mattered. Any reasonable competent person would have denied the warrant. But the information left out could have overcome incompetence possibly. This was why FIRE said it was important.

A reasonable system would have required the investigator attached an unedited full screen image which included the post. And the magistrate attempted to view the post if possible to counter deceit. And required the magistrate had legal education.

[1] https://www.fire.org/research-learn/complaint-bushart-v-perr...

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#494
post #224

Earlier quoted context omitted.

Do you live in the UK? This isn't true. Here in the UK it is illegal to be grossly offensive online. Racism for example will have you charged under the Communications Act 2003.

Have the racists tried not being racists?

[flagged]

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#495

Earlier quoted context omitted.

Most people would spend 40 days in jail for $800k. Why wouldn't police collude together to arrest one another? This feels like a free money glitch. I agree without accountability this provides a huge incentive to enrich your friends quite easily off the taxpayer.

You're making a big mistake by completely failing to account for the inherent (not to mention quite large) uncertainties in this kind of situation. A priori, it's not "40 days in jail == $800k payday", it's "some unknown number of days in jail and risk of a conviction in exchange for a chance at a payday of unknown value".

That still makes these kinds of settlements feel more like a lottery than fair compensation.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#496

Earlier quoted context omitted.

Then the state may do what it has done for habitually dangerous drivers and either make it illegal for private insurance to deny them or create a public option that hemorrhages taxpayer money (so back to where we are now, with extra steps). Just fire them after the first fuckup. It does not need to be this complicated.

There is actually a federal register for LEOs that have been terminated for cause or resigned to avoid termination. The police unions that operate in the jurisdictions that employ 70% of US police have negotiated into their CBAs that the register “cannot be used for hiring or promotional decisions”. Read into that what you will.

You meant NLEAD? Trump shut it down. I found no statistics of union agreements.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#497

Earlier quoted context omitted.

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...

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

I'm pretty sure most people will "accept their fault" for whatever claims you make if you hold a gun against their head.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#498

This was the meme he posted that got him jailed: https://www.fire.org/sites/default/files/styles/417xy/public...

so the "meme" was a photo and a quote

A very bad taste quote in context. Not that it shouldn't be free speech but let's not pretend this guy did nothing wrong.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#499

Earlier quoted context omitted.

How do you "turn in" a sheriff? It's an elected position

You report them to state police or the FBI?

Report that he arrested someone? That's already public information.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#500
post #390

Earlier quoted context omitted.

And insurers doing their due diligence and charging based on potential for liability would go a long way to mitigating abuses. Best solution would be to simply require licensing and conduct standards to be a police professional similar to that required for Registered Nurses.

Is privatising ethics enforcement like this a good idea?

Municipalities would be free to put up the money to insure officers whom they wished to hire, but which insurance agencies find too expensive/problematic to insure.
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