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  #1  
Old 01-10-2019, 10:13 AM
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He disparaged the police on Facebook. So they arrested him.

https://www.nytimes.com/2019/01/07/us/politics/criminal-libel-laws-lawsuit.html


https://www.unionleader.com/news/courts/exeter-man-seeks-after-defamation-charge-dropped/article_3e8e532e-f4a4-522b-a60c-854600bd782f.html
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  #2  
Old 01-10-2019, 06:11 PM
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And how does this make you feel?
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  #3  
Old 01-10-2019, 06:19 PM
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Well if he did not go to judge and give information resulting in an arrest warrant being granted. Or get a form of authority to do this from a third party. Like the attorney generals department first. Since they ruled there is no charge here later obviously he did not. I believe he may be able to issue a summons to appear perhaps. Even this should be vetted so his self interest is not the driving component. Before it is created. Arresting and incarceration where way over the top.

He is guilty of acting in a police state manner. He is not qualified to determine the conditions or extent of the laws in particular in this area himself. Or act on them in this fashion by himself anyways. He should lose his job and perhaps be charged. Instead the complaintant will just get paid off.

He may or may not have acted properly. If he had I have reservations they would be concerned about the potential liability issue. It is also a reasonable expectation that to a certain degree. Expectations are he should expect critics.

After all police officers are taught and encouraged to lie and fabricate issues. Or it is well tolerated by their administrations for those that do. They appear to have absolutely no concience about those that falsely land up incarcerated as a result.

How many people just take a plea deal at the recommendation of their state appointed lawyer? Just because they do not have the five thousand or more down payment for real legal counsel. Anyways there are a lot of details missing so other than he did not have the right to act alone is not known. For example did the officer have a lot of complaints on his record? Or was well known for an abrasive attitude? Had the defendant launched an official complaint as well with no results? A police chief has the responsibility to audit his force almost constantly for their general behavior.

Last edited by barry12345; 01-10-2019 at 06:31 PM.
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  #4  
Old 01-11-2019, 10:03 AM
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Quote:
Originally Posted by barry12345 View Post
Well if he did not go to judge and give information resulting in an arrest warrant being granted. Or get a form of authority to do this from a third party. Like the attorney generals department first. Since they ruled there is no charge here later obviously he did not. I believe he may be able to issue a summons to appear perhaps. Even this should be vetted so his self interest is not the driving component. Before it is created. Arresting and incarceration where way over the top.

He is guilty of acting in a police state manner. He is not qualified to determine the conditions or extent of the laws in particular in this area himself. Or act on them in this fashion by himself anyways. He should lose his job and perhaps be charged. Instead the complaintant will just get paid off.

He may or may not have acted properly. If he had I have reservations they would be concerned about the potential liability issue. It is also a reasonable expectation that to a certain degree. Expectations are he should expect critics.

After all police officers are taught and encouraged to lie and fabricate issues. Or it is well tolerated by their administrations for those that do. They appear to have absolutely no concience about those that falsely land up incarcerated as a result.

How many people just take a plea deal at the recommendation of their state appointed lawyer? Just because they do not have the five thousand or more down payment for real legal counsel. Anyways there are a lot of details missing so other than he did not have the right to act alone is not known. For example did the officer have a lot of complaints on his record? Or was well known for an abrasive attitude? Had the defendant launched an official complaint as well with no results? A police chief has the responsibility to audit his force almost constantly for their general behavior.

I know of several people who took plea deals ON THE ADVICE OF THEIR LAWYER. In each and every instance, their lives began a slow journey straight to h*ll before the ink from their signature on the plea deal was dry.

BTW, most of the time prosecutors offer so-called "plea deals" because they have a weak case. The prosecutor knows there is a better than 50/50 chance if the case goes to trial they will lose, thus they offer up a "plea deal" AKA "plea bargain".
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  #5  
Old 01-11-2019, 10:06 AM
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For the government, the concept of free speach does not always work well. 99% of government agents and politicians would prefer we all walk around with a sock stuck down our throats and our hands tied behind our back.
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  #6  
Old 01-11-2019, 12:17 PM
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  #7  
Old 01-11-2019, 08:01 PM
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All is not good in this world; evil comes in the form of politicians and cops.
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  #8  
Old 01-11-2019, 09:15 PM
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and ex-wives and unwashed Romaine lettuce and pit bulls and vaccinations and ......
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  #9  
Old 01-11-2019, 11:04 PM
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Read, "Are you a practicing Communist???"

Are You A Practicing Communist National Socialist Communitarian

GD Commies are we all.......if the shoe fits WEAR IT.
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  #10  
Old 01-11-2019, 11:22 PM
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George Gordon's powerful expose on the subject:


https://famguardian.org/PublishedAuthors/Media/Antishyster/V07N3-AreYouAPracticingCommunist.pdf
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  #11  
Old 01-15-2019, 12:48 PM
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The guy was kind of an azzhole in other ways, but that doesn't excuse the arrest. Charges were dropped, hope he reams them out in the coming lawsuits.
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  #12  
Old 01-15-2019, 03:21 PM
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Freedom of Information Requests using Open Records Acts for inter-office emails have turned up inter-office emails involving city employees talking trash about the local townspeople.

So.......they obviously can talk trash about the little people, no problemo, BUT, should any of us little people disparage them in public forms, they crack the whip to shut it down PRONTO.

They say all is fair in love and war but in this case, it appears only THEY can talk trash about YOU. YOU, OTH are not allowed to say anything critical of them. Why is that? Because they are perfect and you are not. Now crawl back in your hole and take it the way they give it to you.
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  #13  
Old 01-15-2019, 04:21 PM
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I doubt the inter-office emails qualify for libel as they are not published publicly.

Even though the case was dropped, the guy did publicly accuse the police of being ‘dirty’ which is essentially violating the law for gain. Absent evidence, it could easily be libelous.
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  #14  
Old 01-15-2019, 04:33 PM
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Quote:
Originally Posted by spdrun View Post
The guy was kind of an azzhole in other ways, but that doesn't excuse the arrest. Charges were dropped, hope he reams them out in the coming lawsuits.
He would need to actually prove, IMO, that the cop in question did violate the law in the way he publicly said the cop violated the law, or that he had reason to believe that the cop violated the law, and there was no malice in his belief.

Charges against him for criminal libel were dropped. It does not mean that a determination was made that the statements were provably NOT libelous, only that the DA decided not to press criminal charges, likely because the question of actual malice was not addressed or established to the required level.


Committing libel is not a first amendment right.
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