Sheriff's warning to 'F--- TRUMP' truck owner draws outrage on Facebook

[Allybeboba]

From my local paper
http://www.chron.com/neighborhood/fo...r-12360280.php

'Fort Bend County Sheriff Troy Nehls on Wednesday created a social media firestorm with a Facebook post threatening to bring disorderly conduct charges against the driver of a truck displaying a profane anti-Trump message on its rear window.
Nehls told the Houston Chronicle that he had received calls, texts and emails in recent days from people who took offense at the language in bold, white lettering: "F--- TRUMP AND F--- YOU FOR VOTING FOR HIM."....'


Charges won't stick.

[Daedius]

Of course charges won't stick... that sticker breaks no laws.

[Spaze]

i kinda like that sticker

[angrys13]

Literally the textbook definition of exercising the first amendment right. Can't even bring a charge to her.

[I Push Buttons]

Of course charges won't stick... that sticker breaks no laws.

Depends on what kind of judge/jury they get.

Fighting words aren't protected speech. In the US fighting words are described as words that, "by their very utterance, inflict injury or tend to incite an immediate breach of the peace."

The higher courts probably wouldn't agree, but a local judge/jury definitely could accept that argument.

[Crissi]

Depends on what kind of judge/jury they get.

Fighting words aren't protected speech. In the US fighting words are described as words that, "by their very utterance, inflict injury or tend to incite an immediate breach of the peace."

The higher courts probably wouldn't agree, but a local judge/jury definitely could accept that argument.

Well by that argument, any protest that results in "fuck ___ and fuck you" (basically all of them) would be disorderly conduct.

This is just a sheriff being a control freak.

[Kathandira]

Literally the textbook definition of exercising the first amendment right. Can't even bring a charge to her.

Exactly. Free Speech at work. And there is nothing a government entity can do about it.

- - - Updated - - -

Depends on what kind of judge/jury they get.

Fighting words aren't protected speech. In the US fighting words are described as words that, "by their very utterance, inflict injury or tend to incite an immediate breach of the peace."

The higher courts probably wouldn't agree, but a local judge/jury definitely could accept that argument.

Except that these are not 'fighting words'. Fuck You is not a call to action, not a call for violence.

[I Push Buttons]

Well by that argument, any protest that results in "fuck ___ and fuck you" (basically all of them) would be disorderly conduct.

This is just a sheriff being a control freak.

Yes and if they charged people in those cases and found a sympathetic judge/jury, they probably could be convicted of such disorderly conduct offenses. Those convictions would (almost certainly) be overturned on appeals to higher courts, but it would still be a huge pain in the ass for those charged/convicted.

[Crissi]

Yes and if they charged people in those cases and found a sympathetic judge/jury, they probably could be convicted of such disorderly conduct offenses. Those convictions would (almost certainly) be overturned on appeals to higher courts, but it would still be a huge pain in the ass for those charged/convicted.

Unlikely, given this is just outside of Houston. You'd have to be a superbly biased judge / DA to bring / allow charges, and those dont tend to happen often

DA's dont like to bring unwinable cases.

[Jtbrig7390]

Free Speech at work, By all means he can try. Just hope he loves being sued into the stone age after.

[EverDash]

I'd be wonderfully curious to go back and check his records to see how many charges he filed against all of the "Fuck Obama" stickers.

I'm going to guess zero.

And I think we all know why.

[I Push Buttons]

Except that these are not 'fighting words'. Fuck You is not a call to action, not a call for violence.

That is incitement, not fighting words.

[Ghostpanther]

I find it disgusting for such a sticker. And as much as I disliked Obama and Hillary, would never have such stickers on my truck. But I think the sheriff is overstepping his authority in this case. Like or not, this would be covered under Freedom of Speech. Now, if the sticker said..."Death to Trump and those who voted for him."...it would be a different case.

[Kathandira]

That is incitement, not fighting words.

in·cite·ment
inˈsītmənt/Submit
noun
the action of provoking unlawful behavior or urging someone to behave unlawfully.


Saying "Fuck Trump" is not incitement either.

[I Push Buttons]

in·cite·ment
inˈsītmənt/Submit
noun
the action of provoking unlawful behavior or urging someone to behave unlawfully.


Saying "Fuck Trump" is not incitement either.

I didn't say it was, I said your words, "calling for action, calling for violence" is incitement. A different form of speech that is not protected. Fighting words are words (usually profane) meant to goad someone into attacking you (breaking the peace); hence the moniker, "fighting words".

[Eurytos]

Depends on what kind of judge/jury they get.

Fighting words aren't protected speech. In the US fighting words are described as words that, "by their very utterance, inflict injury or tend to incite an immediate breach of the peace."

The higher courts probably wouldn't agree, but a local judge/jury definitely could accept that argument.

Judges and juries don't determine charges. The DA has full discretion to charge and prosecute whom he or she wants.

That said, you are correct that fighting words and words that incite violence are not protected speech. I think it would be insane to bring these charges, and worse for a judge to allow it to go forward. Nonetheless, thats just my opinion on this.

But thinking critically about this, the words "fuck you" could be considered fighting words given the right context. They are not per se fighting words. I don't think any word, even some of our more vile racial slurs, are per se fighting words. Considering the context here...basically a large bumper sticker on a truck telling trump voters to go fuck themselves...I can hardly see how in this scenario "fuck you" can be considered fighting words.

I'm as liberal as they come, I've seen some really vile shit regarding President Obama in the last 10 years. Things clearly worse than a bumper sticker. And none of the scenarios I was in were situations that what was said was fighting words.

[Kathandira]

I didn't say it was, I said your words, "calling for action, calling for violence" is incitement. A different form of speech that is not protected. Fighting words are words (usually profane) meant to goad someone into attacking you (breaking the peace); hence the moniker, "fighting words".

Ohhh! My mistake.

[dejec1989]

in·cite·ment
inˈsītmənt/Submit
noun
the action of provoking unlawful behavior or urging someone to behave unlawfully.


Saying "Fuck Trump" is not incitement either.

Would you say hitting someone is unlawful? so if I say "Fuck you" and you hit me, I would be okay to sue you for hitting me under the claim of no provocation or incitement.

You don't use the words fuck you or fuck "enter blank" with out wanting to start a fight, be is physical or mental.

[Barnabas]

Of course charges won't stick... that sticker breaks no laws.

No charges but it does make your vehicle a target for vandals. Someone could throw a rock through his window and he has to buy more than a new sticker.

[Kathandira]

Would you say hitting someone is unlawful? so if I say "Fuck you" and you hit me, I would be okay to sue you for hitting me under the claim of no provocation or incitement.

I would not call that incitement. If you feel the need to resort to physical response to someone cursing at you, you should still be charged for assault. No incitement charges should be given.