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Question

my son was at a halloween costume party in our town and was dressed in a home made costume of a kkk member and he was refused a number to parade by the town and the local sherriffs dept was called and they threatened him if he did not take off the costume they would arrest him and take him to jail. Does he have a legal right to sue the town and the sherriff dept for what they did to him? he spoke to know one and caused no trouble

Submitted: 21 days and 8 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: New Jersey

Already Tried:
i cant even find a lawyer that will talk to me about it

Accepted Answer

Hello, and thank you for contacting the just answer team.

That's a tough question, but ultimately I think that the town was probably within its rights to not let him parade in a town sponsored event. Although the first amendment does protect speech such as that of your son's wearing a KKK costume, if the town had a legitimate belief that the costume, displayed in public and allowed by the town, could cause a violent reaction, it has the right to limit such speech. Had they actually arrested him, the answer might be different, but based on what you've told me, I don't believe that you would be able to successfully bring a first amendment civil rights suit against the town and sheriff. You do have the right to sue, I just don't believe your chances of success are high.

I hope this helps, even if it wasn't the answer you were hoping for. If you have any further questions, please do not hesitate to ask. Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work.

Take care

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Expert: SavyLawyer
Pos. Feedback: 97.3 %
Accepts: 
Answered: 11/2/2009

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Licensed to practice law, I have experience in dealing with a wide variety of legal issues.

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