I have not lived in Monroe County, New York, for 30 years, but I grew up there, so this caught my eye. The County Legislature has approved a measure that would make it a crime “to annoy” a policeman.
A person is guilty of harassing a police officer, peace officer or first responder when he or she intentionally engages in conduct against a police officer, peace officer or first responder, that intends to annoy, alarm or threaten the personal safety of the police officer, peace officer or first responder.
You see it, right? Intends is subjective, as are the other qualifiers that follow.
The action must occur when such police officer, peace officer or first responder is in the course of performing his or her official duties and the person committing such act knows or reasonably should know that such person is a police officer, peace officer or first responder.
If you keep an eye on our New media Milita feature (in the right sidebar), you saw the piece from Free Keene. The city of Manchester had to cough up $15K in costs and damages when a police officer decided he was being harassed. The officer arrested a citizen recording a DWI checkpoint for disorderly conduct.
The city looked stupid, and it cost them.
I have not enjoyed the close company of a Monroe County Sherriff in (as noted) over 30 years (and then some). But I feel comfortable saying this will be abused almost immediately if the County Executive signs it into law.
A legal challenge on first amendment grounds should follow the first such incidence where it applies. As Reason.com notes,
the “conduct” would of course include speech, such as saying annoying things about a police officer who is doing his job. Yet “the First Amendment protects annoying and embarrassing speech,
It also protects speech directed at elected officials on social media. There are no exceptions for annoying or embarrassing. Even if you happen to think it rises to the level of stalking. Actual threats are not protected, but that’s already a given.
I am just trying to save Monroe County (and New Hampshire) some time and taxpayer money. Not that you care.
Image Credit: Free Keene.com
