hardballer
Regular Member
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hardballer:
Duvall is correct in saying that threats are in themselves protected by the First amendment and supported by case law. See State v Douglas D.. You probably wouldn't get far arguing that opinion.
Duvall and Strelow are holding elected positions. Duvall was not elected to the office initially. He was given the position in 2005 by governor Doyle. He was given the position as district judge of Buffalo and Pepin counties because of the resignation of Judge Dane Morey. Strelow was elected to office as county sheriff and may be up for reelection this year.
The conduct of each should be made public knowledge when they next come up for election. If Duvall's comment that no person in the country should be allowed to carry a firearm is in fact part of his published opinion he should be called to task for violating his pledge to uphold the constitutions of the U. S. and Wisconsin, both of which guarantees the right to posses firearms by all qualified individuals. If it is not part of his official opinion remember that he is entitled to his personal opinion.
Harassment is a very hard charge to make stick based on hearsay, especially without a third party witness. "Cop fear" will make many witnesses disolve into oblivion in a hurry. I
It has been mentioned over and over and over on this forum that one should carry a recording device. You don't need permission to record the incident (Wisconsin is a one party state). The cops can't make you turn it off. Your experience is a prime example of why a recording device is important. Especially in those essentially "untested" parts of the state.
As Doug implies there are circumstances where you are protected by the First amendment for yelling "fire"in a crowded theater. You can shout fire in a theater and be protected by the First amendment if there is in fact a real fire or if the word fire is part of the entertainment. You are not protected if you shout fire with the intent to cause panic and mayhem.