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Response to Melinda (Reply #52)

Mon Jan 28, 2013, 01:01 AM

59. It has NOT been ruled if he did or did NOT commit Disorderly Conduct

The Disorderly Conduct can be a defense in ANY demand for money damages, you can NOT claim First Amendment rights IF you are otherwise causing problems. You can NOT strip and reveal what is written on your chest when stripping is NOT permitted and claim First Amendment rights when a finder of fact finds that your act is NOT one of expression but a criminal act independent of what was written on your chest.

Yes, stripping can be something covered by the First Amendment, but so can Bank Robbery if you can show the reason you robbed the bank was to show to the people how bad the bank is, as oppose to personal gain. I do NOT think any jury or Judge will find that a person who robbed a bank is protected by the First Amendment is such a situation, and the same can be said of someone stripping, a Judge or a Jury can rule the act was independent of any act of expression and thus NOT covered by the First Amendment and thus disorderly conduct that he can be arrested for and detained for.

Thus he may still LOSE his claim that his rights were interfered with. That is the point I am making, to many people on this thread is under the impression that he can now walk free and collect his money for damages. The problem is that is NOT yet the case. he may still win, but he may still lose, all the appellant court ruled that he can present his case to a Finder of Fact (a judge or Jury) and it would be up to the Finder of Fact if he wins or loses.

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LineLineLineLineLineReply It has NOT been ruled if he did or did NOT commit Disorderly Conduct
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