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I was stopped from speaking in a public setting during

Customer Question
I was stopped from...

I was stopped from speaking in a public setting during public input, because of the names mention during my speaking. Is this a denial of my 1st amendment rights?

Lawyer's Assistant: In what state did this occur?

Louisiana

Lawyer's Assistant: Have you talked to a lawyer yet?

I have made several calls to the state AG's office, but have not had a conversation with that office.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, can I use the names of official when addressing issues with to a public body.

Submitted: 10 months ago.Category: Criminal Law
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Answered in 7 minutes by:
10/5/2017
Criminal Lawyer: Longhorn Lawyer, Lawyer replied 10 months ago
Longhorn Lawyer
Category: Criminal Law
Satisfied Customers: 13,563
Experience: Knowledgeable and experienced in criminal law matters.
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It depends on what you were saying. Can you provide more information?

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Customer reply replied 10 months ago
Our Superintendent of the School district disrobed and removed a high school graduate during the processional in 2016, because he was wearing a bearded. It made international news, he denigrated a board member doing a monthly meeting and he allegedly said, he would all the office assistants/African American back to the cotton field. I was addressing those occurrences and was escorted away from the podium. The person that approached me, place is hands on me.
Criminal Lawyer: Longhorn Lawyer, Lawyer replied 10 months ago

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: The following is not protected speech under the first amendment:

  • Obscenity
  • Fighting words
  • Defamation (including libel and slander)
  • Child pornography
  • Perjury
  • Blackmail
  • Incitement to imminent lawless action
  • True threats
  • Solicitations to commit crimes

If it can be reasonably concluded in court that the speech you were making was covered by any of those listed above, or that your right was not infringed upon by a government agency or unit, then it does not violate the 1st amendment right to free speech. I was not there to know whether your speech fell within those parameters, so I can't say for sure.

As far as a person putting his hands on you, that is a different matter. Based on Louisiana statues, I don't think you have a claim for assault. But you might have a claim for battery, which is defined in the Louisiana Code at RS 14:35 as the “intentional use of force or violence” upon another. Simple battery is a misdemeanor offense which carries up to 6 months in jail and a fine of up to $1,000.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

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Criminal Lawyer: Longhorn Lawyer, Lawyer replied 10 months ago

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but I have not received credit for it. Do you need more help? Please respond so that I know what to do next.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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