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    arthunter's Avatar
    arthunter
     

    Decorated Marine Arrested for Political Opinions on FaceBook

    I can relate to this ...

    Citing First & Fourth Amendments, Rutherford Institute Asks Appeals Court to Reinstate Lawsuit Over Marine’s Arrest, Detention Due to Facebook Posts

    August 26, 2014

    Attorneys for The Rutherford Institute have filed a brief with the Fourth Circuit Court of Appeals, asking the court to reinstate a lawsuit on behalf of a decorated Marine who was arrested by a swarm of Secret Service and FBI agents and local police and forcibly detained in a psychiatric ward for a week because of controversial song lyrics and political views posted on his Facebook page. Rutherford Institute attorneys filed the lawsuit in May 2013 in the U.S. District Court for the Eastern District of Virginia challenging the government’s actions as procedurally improper, legally unjustified, and in violation of Raub’s First Amendment rights.

    In February 2014, a U.S. District Court judge dismissed the lawsuit, rejecting concerns over government suppression of dissident speech as “far-fetched.” In asking the Court of Appeals to reinstate the lawsuit, Institute attorneys argue that Raub was unjustly deprived of his liberty because of a failure in the mental health system to competently evaluate Raub’s mental condition. The lawsuit also alleges that Raub’s seizure and detention were the result of a Chesterfield County mental health screener’s dislike of Raub’s “unpatriotic” views on federal government misconduct, thereby violating the ex-Marine’s First Amendment right to freedom of speech.

    “What may sound far-fetched to the courts is a grim reality to Americans who are daily being targeted for daring to exercise their constitutional rights to speak their minds, worship as they please, criticize the government, defend themselves and their families against over-reaching government surveillance and heavy-handed police tactics,” said John W. Whitehead, president of The Rutherford Institute and author of "A Government of Wolves: The Emerging American Police State." “Ultimately, Brandon Raub’s case tests our tolerance for free speech and those dissidents who keep the First Amendment relevant, because if we cannot proclaim our feelings about the government, no matter how controversial—on our clothing, or to passersby, or to the users of the world wide web—then the First Amendment really has become an exercise in futility.”

    To continue reading, go to:
    https://www.rutherford.org/publicati...als_court_to_r
    Last edited by Bella Stolz; 08-27-2014 at 10:55 AM.
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