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.
I’m really at a loss to understand how this video has been demonetized as against advertiser guidelines by YouTube following three attempts. I give up…
Tell your client the roads are for driving, not settling scores.
The guy videoing wasn’t driving!
I was wondering why this guy would have a camera out while driving. I hate politics.
This "Senator" is incredibly obnoxious.
Toxic personality.
The double line on the curve is actually crazy 😮
A politician breaking traffic laws but it's OBVIOUSLY someone else's fault. Gas Lighting at it's best! Once again, I am thoroughly disgusted. No personal accountability. If he felt he hadn't done anything wrong why go to the lengths he did to ruin this man's life? NORMAL, HAPPY, MATURE ADULTS DO NOT BEHAVE IN THIS MANNER! No ability to just let it go and move on. No self control and absolutely NO CLASS. And he's a Senator? God help us.
This senator is an idiot. He needs to be out of office, and in a nut house…
Was the person an "at will" employee? Makes all the difference.
The guy running for senator, needs to learn to suck it up if he thinks he can attack every citizen like this, who doesn't approve of him breaking the law. Politicians need a thick skin because half of the population, will NOT be happy with them for one thing or another. He really showed his true colours, calling the guy names, insulting his intelligence, and then calling his company to get the guy fired? That's outrageous. I'm assuming the guy never won the election. If he can explain away a situation like that, where he was filmed breaking the law, then I would have no trust for him as a politician!
Thanks again
People are so dishonest today, this senator instead of just admitting he was wrong he doubled down and tried to shift the blame and justify, that stuff that drug addicts do, if he was a honorable man he would have just admitted that he was wrong and it was his bad and he'll do better next time. But nope, just like any dishonest person with no honor would do, try to justify the wrong actions and put the blame on somebody else, it's obvious why the guy had his camera and we all should have cameras on and that is to try to keep an eye on the police and other people that are doing wrong or doing right. You think the senator in his head with his thinking, thanks he's actually in the right, sad State of affairs in deed
He acts just like a police officer that gets his feelings hurt and retaliates!! He has no business being in government!!
This wasn't retaliation because of political speech but because the driver was endangering peoples lives by driving while using his phone and that's why he was fired.
how does a guy who rants on like he never got past the age of 5 mentally, get to be a senator ?
This childish angry idiot is a senator? God help us!
Passing on a double yellow line isn’t illegal. The double line merely suggests that passing may be unsafe to do so.
You can tell a politician… learns to lie fast and c.h.a. He's a professional… Not only does he lie like a dog, he knows there's nothing better than hurting the honest man that caught him playing the fool.
And you fell for it
Senator has that thin blue line tattoo on his arm with a scumbag haircut. Bad news.
Looks like he needs drug testing also
Do away with qualified immunity