Free Speech Retaliation by Public Officials

I want to expand on the legal issues presented in yesterday’s video a little more. Yesterday I posted a video on the issue of warning fellow motorists about a speed trap via flashing the lights on your car. If that is protected speech, and as a result of that protected speech, you get pulled over, harassed, arrested, or so on, at that point you may have not just a Fourth Amendment violation, but also a First Amendment violation. More specifically, the cause of action in federal court is called First Amendment Retaliation. It’s a violation of your First Amendment rights to suffer retaliation as a consequence of exercising your rights. This area of the law can be extremely murky. But it can also be straightforward. Like everything else in federal constitutional law, it’s highly fact-dependent.

This can be illustrated by a case I litigated, which pre-dated my Youtube channel, so you won’t find it there – at least before now. Imagine that a private citizen, riding in his work delivery truck, through the West Virginia countryside, sees a vehicle come barreling around him on a stretch of road with a double yellow line, going into a curve. This is filmed by the citizen with his cell phone. He recognizes the vehicle as that of his state senator. He then posts the video to social media, showing and denouncing the senator’s actions to his social media friends. But the senator has his own social media following, which is exponentially larger. In response to the citizen’s video, that senator with a large social media following goes on a rant against the citizen, calling him names, and also then identifying his place of employment – doxxing him, essentially. But he didn’t stop there.

Read more: https://thecivilrightslawyer.com/2022/08/15/doxxed-by-a-senator-free-speech-retaliation-by-public-officials/

Memorandum opinion posted here: https://thecivilrightslawyer.com/2019/01/30/federal-judge-rules-first-amendment-civil-rights-lawsuit-against-richard-ojeda-will-proceed/

Yesterday’s video: https://youtu.be/g_9_bGG-Skc

Video to submit? https://forms.gle/HmwnDQKvwvYPxe967

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NOTE: We don’t condone threats or violence of any kind. If you are upset or outraged by acts of government misconduct featured in this video, we encourage you to utilize lawful means of expression, including becoming involved in the political process, as well as seeking accountability through the judicial system.

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