If any of you don't recall the last post, i went for an employment drug screening and left with a Disorderly Conduct: Language charge. I called her a cunt when she wouldn't give me a urinalysis until i pulled the mask over my nose.. Just left the pre-trial conference. They offered me 3 years probation and 4 months in jail. Set it to trial. Apparently in America words are violence and just like Britain, you can be sent to jail for it. As it is a misdemeanor they have denied my request for a jury trial. Looks like this pedes getting a show trial by some leftwing activist judge before I am summarily imprisoned. Can't believe I fought for this country. Our rights are being litigated away while current military think they are fighting to protect them. Fuck these commie pieces of shit!! Carry on the fight without me boys! I'll be with you in spirit!!
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No Intent
You were being harangued. This is your perception of the experience.
Your adverse reaction is because you have difficulty breathing with a mask on, and are aware of the dangers of using a mask. Cite Dr Fauci’s report on bacterial pneumonia causing more deaths during the 1918 Spanish Flu.
Your speech was a mere spontaneous reaction to being harangued.
Not meant to spite; just an expression of anger at the situation.
Not meant to incite anybody to violence.
Brandenburg v Ohio
The US Supreme Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action".
This case involves members of the KKK making speeches calling for expulsion of african americans and Jews, and that was NOT even considered beyond the scope of the First Amendment. https://en.wikipedia.org/wiki/Brandenburg_v._Ohio
Nowhere was your speech directed to produce imminent lawful action. It was a mere spontaneous utterance. The three distinct elements of the Brandenburg test (intent to speak, imminence of lawlessness, and likelihood of lawlessness). Being that your speech was a spontaneous utterance, it was therefore well within the protections covered by 1A.
Do not discuss this unless it is brought up. — Your speech/reaction was not meant to be disruptive. Mere reaction. Not meant to hurt anyone.
If you are asked to apologize, prepare yourself to do so if that is what it takes to get out of this. Practice acting apologetic.
Style advice: Be calm and reasonable. Lower your voice and be slow and deliberate when you speak. Breathe deeply especially when you hear something that is objectionable. Maintain good posture and be respectful to the judge. Always address him/her as “your honor”.
I’ve been praying for you. You’ll get through this.
Judge sentenced me to 1 day in Jail, 2 years probation, and anger management. Appealing
I am due to appear in court for trial tomorrow morning [2/8/21] at 9:30am. I truly thank you for writing all of this down. I have forwarded it to my Public Defender. But he has been unwilling this far, to even submit my motion to dismiss under color of law. (See Below) I may have to release my council and ask for an appeal if trial does not go well tomorrow
I would like to motion to dismiss, 'with prejudice', Complaint/Case #: *******971 because it is a 'deprivation of rights under color of law', and actual federal CRIME to 'make or enforce' under USCs 18-241 & 242, and an actual civil 'offense' to even 'neglect to prevent' under USCs like 42-1983 & 1986, BECAUSE: "We hold these truths to be self-evident", that "the supreme Law of the Land" was ordained and established "to... establish Justice... and secure the Blessings of Liberty to ourselves and our Posterity", and in Az. "to protect and maintain individual rights", and that the US. Supreme Court HAS 'clearly established' that "We the People" need ONLY "state ...true full name" for police when there IS "probable cause" to accuse us of an actual "crime" (See 'Corpus Delicti' doctrine, US.Supr.Ct., and Purpose of gov. in Az. Const and Preamble to US. Const), and that there MUST be actual or 'probable' harm to another Humans equal 'individual rights' for a 'crime' to exist (See US. Supr. Ct. cases like: Allen v. Wright, Tyler v. Judges..., California v. San Pablo, etc.), this means ALL HARMLESS Civil and Criminal "offenses" are actually "deprivation of rights under color of law", and I can file a lawsuit now against this State for what Tempe Police have said more than once is "over 90% of what [they] do"! Therefore, I DEMAND that this case be dismissed "with prejudice" IMMEDIATELY, otherwise this Judge and Prosecutor and everyone responsible by "intent or inexcusable neglect" may find THEMSELVES as the "Defendant" in Federal Court for "deprivation of rights under color of law", and even for just "neglect to prevent" the same!" IN THE PRESENT CASE, THE CHARGES ARE: "STATE’S OFFER: Count 1 A.R.S. 13-2904A3 Abusive Language Jail Confinement - Flat 180 days. Unsupervised Probation, 36 months. , Fine 500.00" " 13-2904. Disorderly conduct; classification ... 3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or ..." https://www.azleg.gov/ars/13/02904.htm The U.S. Supreme Court has also ruled in many cases that the 'right to free speech' DOES include the 'right' to 'insult' or 'offend' people, and that a 'crime' requires all three 'elements' starting with 'injury or harm' to the equal 'individual rights' of another Human being by 'intent or inexcusable neglect' and the violation of valid criminal law, but there is no 'probable' evidence of any actual 'injury or harm' to any other Humans 'individual rights' other than the claim of 'abusive or offensive language', which IS an actual 'right' under 'the supreme Law of the Land' and 'the common law', making 'all criminal prosecutions' such as this 'to the Contrary' of the 'fundamental principles' of 'Law' and therefore an actual 'crime' called 'deprivation of rights under color of law' to 'make or enforce' for which Public Servants in the U.S. are personally liable for even 'neglect to prevent'! THEREFORE IF THIS CASE IS NOT DISMISSED IMMEDIATELY THIS JUDGE AND PROSECUTOR(S) AND EVERY PUBLIC SERVANT RESPONSIBLE MAY BE PROSECUTED FOR FEDERAL CIVIL AND CRIMINAL 'OFFENSES'! See also: https://www.archives.gov/founding-docs/declaration-transcript https://usconstitution.net/const.html https://www.azleg.gov/constitution/ https://www.fbi.gov/investigate/civil-rights#Report-a%20Violation https://www.fbi.gov/investigate/civil-rights https://www.justice.gov/crt/deprivation-rights-under-color-law https://www.azleg.gov/ars/13/02412.htm https://www.law.cornell.edu/uscode/text/18/241 https://www.law.cornell.edu/uscode/text/18/242 https://www.law.cornell.edu/uscode/text/42/1983 https://www.law.cornell.edu/uscode/text/42/1986 https://supreme.justia.com/cases/federal/us/468/737/ https://supreme.justia.com/cases/federal/us/179/405/ https://supreme.justia.com/cases/federal/us/149/308/