Whither Disorder? Ann Coulter and the Texas Police State, Cont.

[struggle4progress]

By COLIN KALMBACHER

<snip> The charge was Disorderly Conduct (Arrest affidavit ) which is a Class C Misdemeanor and in the state of Texas, is to be punished by a fine not to exceed $500. Fines can be avoided and charges essentially dropped and cleared by up to 180 days of Deferred Disposition. It is also worth noting that Class C Misdemeanors are crimes that are not to result in confinement.

Ahem.

If a person is charged with a Class C Misdemeanor in the state of Texas they are not to suffer incarceration.

Ajai Raj, for following Ann Coulter's direct request to ask her a question, did exactly that and was arrested for a non-arrestable offense and charged with Disorderly Conduct. His arrest and silencing done not only in contravention of his first amendment rights, but also state and local laws as well it seems.

Curiously enough, by arresting Raj for exercising his right to freedom of speech as guaranteed by the Constitution of the United States of America, the arresting officers engaged in a federal crime. Under Title 18, U.S.C., Section 242: it is a punishable offense "to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S." <snip>

http://www.counterpunch.org/kalmbacher05072005.html

[Poor Richard Lex]

1. I think the US Supreme Court already ruled on this

in that kid seat case, I believe the ruling was that an officer could arrest a person for a misdemeanor that does not carry jail time.

[struggle4progress]

2. " ... Paul McGreal, a professor at Houston's South Texas College of Law,

.. is not convinced the profanity and gesture should have resulted in an arrest. While laws allow government to control forums such as the one at UT, and government entities can ban obscenity because it is not a protected class of speech, it's not that simple an issue, McGreal said. 'The graphic depiction of ... a sex act ... has to be done to serve a prurient interest,' McGreal said. And the accounts of Raj's actions seem to indicate that they were more of a political nature, not a prurient one ... "

Profane heckler's arrest prompts chin-tugging
http://www.mysanantonio.com/news/metro/stories/MYSA050705.7B.ut_heckler.24c44d657.html

[struggle4progress]

3. In Atwater v. Lago Vista SCOTUS 5-4 held Fourth Amendment ..

.. "does not forbid a warrantless arrest for a minor criminal offense, such as a misdemeanor seatbelt violation punishable only by a fine." But "The warrantless arrest of anyone violating these provisions is expressly authorized by statute, but the police may issue citations in lieu of arrest."
Cf No. 99—1408. Argued December 4, 2000–Decided April 24, 2001

Since I don't know the relevant law, I can't speak authoritatively on the question that I think you are really raising about the issue suggested by the original post.

But my general inclination is not to begin the day by wimping out.