Interesting People mailing list archives

IP: Re: Florida police reportedly harass anti-MS Linux protestes


From: David Farber <dave () farber net>
Date: Wed, 06 Jun 2001 14:46:27 -0400



Reply-To: "R. v. Head" <4whp () home com>
From: "R. v. Head" <4whp () home com>
To: <farber () cis upenn edu>
Subject: Re: Re: Florida police reportedly harass anti-MS Linux protestes
Date: Wed, 6 Jun 2001 10:52:59 -0400
X-Mailer: Microsoft Outlook Express 5.50.4522.1200

It's rarely hard to find a lawyer where the Defendant has deep pockets.

If the rentacop is in uniform when he violates the Free Speech rights of a
Plaintiff, there would appear to be a Section 1983 action against him for
acting "under color of State law" in contravention of the First Amendment.

Of course, the Plaintiff would have a better case if he were actually
arrested, better yet if he were beaten senseless and best of all if it was
captured on videotape.

But in the usual case, where the rentacop just says "Move along, there's
nothing to see here ...", it's a little tough to demonstrate damages,
especially if he uses his badge to prevent you from GIVING away free
software.

Randall V. Head, esq. (ret'd).



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