They recognized, all those years ago, the importance of protecting Freedom of Speech and Expression. The importance of Free Speech has not diminished, and it is not for any individual entity to limit any citizen's right to express himself peacefully save by amending the Constitution itself. That being said let us turn to the case at hand.
Upon reading the circumstances surrounding the scenario provided I decided that I would evaluate the merits of the case based on the perspective of that of a defense attorney. In reviewing the case provided, the fundamental question that needs to be addressed is: Did the defendant in this case break any law The prosecution's entire case is based on the defendant being arrested for being a public nuisance and causing injury, although indirectly, to Gloria Trek. The state's entire case rests on the constitutionality of the public nuisance statue and whether or not it infringes on the defendant's right to free speech, which I will prove it does.
Title 46 of the Florida Criminal Statues 823.01 which defines Nuisances states "All nuisances which tend to annoy the community or injure the health of the citizens in general, or to corrupt the public morals, are misdemeanors of t ...Show more