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re: Cops get qualified immunity for jailing Florida driver for bumper sticker.

Posted on 9/28/21 at 10:01 pm to
Posted by brewhan davey
Audubon Place
Member since Sep 2010
33352 posts
Posted on 9/28/21 at 10:01 pm to
quote:

Florida's obscenity law


Sounds like a Babylon Bee tag line
Posted by Jyrdis
TD Premium Member Level III
Member since Aug 2015
13509 posts
Posted on 9/28/21 at 10:01 pm to
quote:

judge ruled that the expression might violate Florida's obscenity law and would thus be unprotected by the First Amendment.


Shouldn't federal law supersede state law here?
Posted by UndercoverBryologist
Member since Nov 2020
8077 posts
Posted on 9/28/21 at 11:34 pm to
quote:

Shouldn't federal law supersede state law here?


Technically, they’re two different sovereignties, so it isn’t so much about federal “superseding” state law, but more that the incorporation doctrine of the 14th amendment makes the 1st amendment binding on state governments.
Posted by HammerJackFlash
Member since Sep 2018
833 posts
Posted on 9/29/21 at 1:29 am to
Or an incognito group could just whip the shite out of the officer, and announce this ain’t fricking China.

Gonna happen all frickin day baby. Keep arresting people for stupid shite.

Theoretically.
Posted by arcalades
USA
Member since Feb 2014
19276 posts
Posted on 9/29/21 at 2:03 am to
apparently that retarded judge doesn't understand the constitution trumps florida law
Posted by Gideon Swashbuckler
Member since Sep 2019
9015 posts
Posted on 9/29/21 at 3:56 am to
quote:

He arrested a guy for having a crude sticker on his car. Frick him. 


All city and state police should be defunded and outlawed. The only law enforcement that answers to the voting public, and is thusly beholden to either uphold the law or get voted out and should be funded by the people they serve, are sheriff's and their deputies.

You want stupid shite like this to stop, give the power back to the sheriff and tell all other LEOs to learn to code or be deputized.
Posted by TDTOM
Member since Jan 2021
25893 posts
Posted on 9/29/21 at 5:52 am to
What kind of douchebag has a bumper sticker that says “I eat arse”?
Posted by hollybeachsecrets
Member since Mar 2021
104 posts
Posted on 9/29/21 at 6:32 am to
What a weird statement. 87 people on here also thought about these guys and hairy butts
This post was edited on 9/29/21 at 6:34 am
Posted by Damone
FoCo
Member since Aug 2016
32966 posts
Posted on 9/29/21 at 6:39 am to
But muh mostly good cops!
Posted by cyarrr
Prairieville
Member since Jun 2017
4221 posts
Posted on 9/29/21 at 6:48 am to
quote:

Shouldn't federal law supersede state law here?




Supreme Court has weighed in on this multiple times.

Generally, when making their ruling, they consider whether an average person applying contemporary community standards would find it offensive.

Since community standards differ, what is considered obscene in Nebraska or as in this case Florida may not be considered obscene in New York or elsewhere.

It was shitty for the officer to make an arrest but it's unlikely that a constitutional violation occurred.

Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
74706 posts
Posted on 9/29/21 at 7:10 am to
The result of an early completed Roethlisberger pass:
quote:




(Or assault?)
Posted by Penrod
Member since Jan 2011
55290 posts
Posted on 9/29/21 at 7:52 am to
quote:

The jackboots who arrested the guy should be forced

That guy SHOULD have been arrested. Do you think we should not have obscenity laws? People can put up billboards with any vulgarity? What kind of atmosphere would that be for our children?
Posted by TaderSalad
mudbug territory
Member since Jul 2014
26419 posts
Posted on 9/29/21 at 7:53 am to
quote:

BUT…BUT…I thought Florida was a bastion of freedom!!!



Sorry, I missed the part of the article where it says "state troopers"


Plenty of progressive filth municipalities in Florida, dumbass.
Posted by MoarKilometers
Member since Apr 2015
21117 posts
Posted on 9/29/21 at 7:54 am to
quote:

Columbia county bruh. It’s where the state prison is located so it’s the opposite of the bastion of freedom

Florida state prison is not in Columbia county, it's in Bradford county.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 9/29/21 at 8:09 am to
quote:

What kind of atmosphere would that be for our children?


My sister can't have children, and it's obscene that you would even bring it up.

Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
42043 posts
Posted on 9/29/21 at 12:01 pm to
quote:

What kind of atmosphere would that be for our children?

This is the go-to statement for every nanny state authoritarian. It isn't my job to rear your children and you will not restrict what I do or don't do just to avoid having to actually discuss difficult topics with your children.
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