US Village To Face Trial For Arresting Man Who Swore On Speeding Ticket
The village of Liberty from Sullivan County, some 100 miles northwest of New York, is to stand trial after a US District Judge ruled that they had violated Willian Barboza’s rights when they arrested him for swearing on his speeding ticket.
Angry that he had received a speeding ticket, Mr Barboza returned it to the clerk’s office and in protest scrawled three curse words on the form. The three women who were working as clerks reported the swearing to a local judge who ordered the speeding driver to come to court and face arrest for his ‘harassment’. However, Judge Cathy Seibel ruled that the arrest violated his First Amendment rights and that the curse words were not threatening as they “did not convey an imminent threat and was made in the context of complaining about government activity.“
At the end of her judgement, Seibel confirmed that the village would face trial for not doing enough to ensure that police officers were trained to understand free speech. She believes they should have received more training so that they could carry out their duties effectively. “The village has no requirement to ensure its officers are trained on the First Amendment,” she said. The judge also confirmed that a prosecutor would also be put on trial for damages, as his actions in charging the victim were unreasonable.
