Pissed at getting a traffic ticket?

Discussion in 'The Howard Stern Show' started by Shithead, Sep 16, 2015.

  1. Shithead

    Shithead Well-Known Member

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    Now you can express in Connecticut it thanks to this judge



    Writing F-bomb on your speeding ticket is free speech, judge rules
    By Josh Saul and Danika Fears

    September 15, 2015 | 5:27pm

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    A judge ruled that Willian Barboza (above left) had his free-speech rights violated after he was arrested for writing profanities on a speeding ticket (above right). Photo: New York Civil Liberties Union
    Aggrieved drivers have the Constitutional right to scrawl F-bombs and other words of rage when they submit their traffic ticket payment slips, a federal judge has ruled.

    The decision stems from the arrest of a frustrated Connecticut motorist, who wrote “F–k your s–tty town b–ches” on a form as he sent the upstate town of Liberty $175 for a speeding fine in 2012.

    Federal judge Cathy Seibel said the town was wrong to jail Willian Barboza, then 22, because he was legally permitted to spew all the blue language he wanted, as long as he wasn’t threatening anyone.

    “I find that plaintiff suffered a deprivation of his First Amendment rights when he was arrested,” judge Cathy Seibel said in White Plains federal court Thursday.

    “Speech is often provocative and challenging, but it is nevertheless protected against censorship or punishment unless shown likely to produce a clear and present danger.”

    In addition to penning the F-bomb on the payment form, Barboza also scratched out the town’s name and replaced it with the word “Tyranny.”

    His profane comments “upset and alarmed” the ladies who work in the Liberty town clerk’s office. They told their boss, who alerted Sullivan County Assistant District Attorney Robert Zangla, according to court documents.

    A local judge rejected Barboza’s payment, and he was ordered to make a two-hour trek from his home in Connecticut to appear in town court on October 18, 2012.

    Justice Brian P. Rourke scolded him for his course comments — then prosecutors told two officers to arrest him on an aggravated assault charge. Barboza spent two hours in jail, before being released on $200 bail.

    Barboza continued to taunt authorities, asking Zangla to drop his case while writing, “I hope this letter finds you in terminally ill health, stuck in a loveless marriage and full of loathing every time you catch a glimpse of yourself in the mirror.”

    The charge against Barboza was eventually dropped in 2013 by Town Justice Ivan Kalter.

    “Without doubt [Barboza’s] comment was crude, vulgar, inappropriate, and clearly intended to ‘annoy,’” the judge wrote. “Nevertheless, it is not a threat, it does not contain ‘fighting words,’ or create an ‘imminent danger.’”

    Barboza then filed a federal lawsuit against Liberty and Zangla.

    After Thursday’s ruling, Village of Liberty will now stand trial on Barboza’s claim that it failed to properly train its officers, according to court transcripts.

    “It’s free speech and the courts have said that for decades,” Bergstein told The Post.

    Barboza is also seeking damages.

    “The people I trusted to uphold the law violated my most basic rights,” he said in a statement.

    “I hope that by standing up for myself, other Americans will not be treated like criminals for complaining about their government with a few harmless words.”

    Two officers also named in the suit will be granted qualified immunity since it was “objectively reasonable” for them to believe that they weren’t violating Barboza’s rights, according to their defense attorney Adam L. Rodd.
     
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  2. peterfonda

    peterfonda Well-Known Member

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    The guy has a very good case for false arrest and false imprisonment.
     
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  3. reno

    reno VIP Extreme Gold

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    Lucky the cops didn't shoot his dog.
     
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  4. Ta Ta Toothy

    Ta Ta Toothy Well-Known Member

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    Is it wrong that I now wish to get a speeding ticket so I too can write obscenities? :D
     
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  5. the G-man

    the G-man Well-Known Member

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    Here's the thing.

    He was arrested for aggravated harassment. That statute in New York requires somebody to make an actual threat. Calling someone bad names is not a threat and is protected.

    This is the basis for the charges being dropped. And therefore for the federal beef.

    However that in no way means people can get away with this in New York on a regular basis. It is highly likely if he had been charged with contempt of court and given an opportunity for a hearing before being arrested the outcome would've been different.
     
  6. WUT7272G7C

    WUT7272G7C Space Chimp

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    Gary's genes run rampant in Connecticut..

    FatherSon.JPG
     
    Last edited: Sep 16, 2015
    stash, IfTheyOnlyKnew, Lester and 2 others like this.
  7. MyLazyHand

    MyLazyHand Russia and France Know What to Do

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    It's never a good idea to pull the tiger's tail.
     
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  8. MyLazyHand

    MyLazyHand Russia and France Know What to Do

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    Plus, you should never get into a fight you can't win.

    What's this guy going to "win" as a result of telling them what he thinks?

    Youthful foolishness.
     
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  9. reno

    reno VIP Extreme Gold

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    This.
    If I'm stopped by a cop, I'm polite and cooperative. I usually get out of getting a ticket. Also if you don't want to get tickets. don't speed.
     
  10. lilbuddy67

    lilbuddy67 A man with breath-taking anger management issues Banned User

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    Lawyers and judges should all get the cancer
     
  11. HypocriteHowie

    HypocriteHowie Well-Known Member

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    Can we get this guy to write to Howard and Beth for us?
     
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  12. yaddc

    yaddc Well-Known Member

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    I love handing the cop my Gold Card if and when pulled over.
     
  13. yaddc

    yaddc Well-Known Member

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    When pulled over try this it does work some time [ YES OFFICER, NO OFFICER.] they like that shit
     
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  14. Fa Fa Fruit Fly

    Fa Fa Fruit Fly Well-Known Member

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    You couldn't be more wrong.

    Without people standing up for their rights, those rights would disappear little by little. It already happens on a daily basis. This guy was arrested for writing F-bombs on a ticket. It's not illegal to piss someone off, regardless of how much that person wishes it was illegal.

    This guy is a great American. He taught these people a lesson. The next time the little old ladies get butthurt because someone told them to fuck off... the next time the prosecutor thinks he can charge people for bullshit because he wants to 'dominate' them, the next time a judge kowtows to this bullshit - they will remember they got their asses handed to them about it in the past.

    The only tragedy of this case is that the people who committed the violations won't pay out of pocket, nor will they serve any time in jail themselves. They basically have little incentive to change their ways, other than the threat of being voted out of office or fired.

    As for the guy... re-read the article. He has a lawsuit pending, and he is going to get PAID.
     
  15. MyLazyHand

    MyLazyHand Russia and France Know What to Do

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    The guy acts like an asshole, creates a huge issue over his mistake, and you think he's some sort of hero.

    Feel free to fight with the police and the judge, and see how it works out for you.

    He's not a "great American." He's an immature little punk.
     
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