all 8 comments

[–]Nemacolin[S] 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (0 children)

A Tennessee man was arrested Friday for alleged harassment after authorities said he distributed a disrespectful photo of a law enforcement officer's grave on social media.

Joshua Andrew Garton, 28, was arrested on suspicion of harassment and jailed in Dickson County, Tennessee, on $76,000 bond, the Tennessee Bureau of Investigation said in a statement.

The bureau said Garton recently produced and distributed a doctored photo of two men urinating on the grave of Dickson County sheriff's Sgt. Daniel Baker, who was fatally shot in the line of duty in 2018.

"Just showing my respect to deputy Daniel Baker," text accompanying the image said.

State detectives visited the gravesite and determined the photo did not depict an actual desecration, according to the bureau.

Nashville lawyer Daniel Horwitz, who does not represent Garton, said by email that the arrest appeared to be a violation of the Constitution.

"The First Amendment clearly and unmistakably protects this man’s right to post an offensive photo about a police officer," he said. "The only people who broke the law here were the police officers and TBI agents who participated in this flagrantly unconstitutional arrest."

The bureau said by email that the investigation and arrest were done at the behest of District Attorney General Ray Crouch.

"When requested to investigate an incident by a District Attorney General, TBI agents serve as fact-finders," said bureau spokeswoman Leslie Earhart. "The D.A. determines what, if any, charges are placed."

Crouch did not respond to a request for his comment Saturday. A county public defender also did not respond.

On Twitter, Horwitz, who specializes in constitutional law, criticized law enforcement for the arrest.

"I am riled up about the government imprisoning someone for disrespecting them," he said.

[–][deleted] 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (3 children)

Well why not. If he's stupid enough to post a controversial pic under his real name.

[–]Nemacolin[S] 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (1 child)

Well, this happened in the US. Americans have a right to free speech. This includes "controversial" speech. Where are you from?

[–][deleted] 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (0 children)

I am in Australia, a place that's free enough for me. I don't go into the details of these sort of laws too much, I just don't around pissing people off with obnoxious comments and actions. If someone did that stunt around here where I live they would just as likely get a punch in the face from a family member of the deceased.

[–][deleted]  (2 children)

[removed]

    [–]Nemacolin[S] 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (1 child)

    I have no idea what point you are trying to make.

    The entire purpose of protecting speech is to protect unpopular speech. Popular speech does not need protection. Freedom to speak, to assemble, to publish and all the rest are there to protect the rights of people who we do not like.