foreign
and welcome back to the civil rights lawyer Channel police arrested and detained several
young people in Watertown Wisconsin on Saturday while they were preaching at a public drag queen
event videos circulated on social media showing multiple police officers arresting
Marcus Schroeder as he was reading from the Bible one officer was recorded aggressively pulling a
microphone out of the kids hands and walking him away in handcuffs Nick prol another young
Christian there was detained and removed from the venue but later released without a warning
but if you buy and devour one another
beware lest you be consumed by one another
what is the problem
you didn't give any warning oh this is the same one that we had in here yeah there was in there
they say we can have because they say we can speak
out here on the sidewalk freely nobody told us that
how come there's no amplification what's this you guys are acting like thugs man they're
like straight up thugs hey you're you're taking away my phone he has every right to
be out here engaging in speech Tyrant he has every right to be out here engaging in speech
there's cars driving by with their radios playing that's Amplified sound people are
standing out here with radios that's Amplified sound the ordinance has to do with a decibel gauge
you don't just get to pick and choose which amplification you like and what
you don't that's selective enforcement of the law that's discrimination on the basis of speech
that's what you all just did content-based discrimination based on speech
walk away because you know you just did wrong is this a First Amendment violation Jason storms who
recorded the viral video said that the young people who attend Mercy Seat Christian Church
in Brookfield Wisconsin were some of the more than 200 individuals from various groups who
assembled to protest the drag queen show news of the drag queen event had made national headlines
as Nazi sympathizers who were unaffiliated with the Christians preaching the gospel there as well
as other secular groups protesting the event appeared at the performance Wisconsin Democrat
Governor Tony Evers denounced the Nazi presence but defended the occurrence of the show lgbtq
wisconsinites deserve to be treated with dignity decency and kindness and respect just like every
other wisconsinite he said they deserve to be safe being who they are without fear or threat
of Shame harassment intimidation or violence storms told the media that the Christians at
the event had zero affiliation with the Nazis who he believes are likely from outside the
state of Wisconsin he added that the young people attempted to share the gospel with
them in addition to the attendees of the drag queen event did the detainment in arrest that
was caught on video violate the First Amendment so the location of the activity is extremely relevant
to the protections of the First Amendment places such as Parks streets and sidewalks fall into the
category of public property that is traditionally held open to the public for expressive activity
indeed the Supreme Court has repeatedly referred to public streets and sidewalks as the archetype
of traditional public forum if a municipality seeks to regulate the protected speech in one
of these traditional public forums they may impose a reasonable content neutral time place and manner
restrictions that are narrowly tailored to serve a significant government interest and also leave
open ample alternative channels of communication if the regulation is content based however the
courts apply strict scrutiny under strict scrutiny a regulation will be upheld only
in if it is the least restrictive means available to further a compelling government interest here
it appears that the government chose sides based on the content of the speech the kid
who was arrested was not causing a disturbance he was not inciting anyone to violence he wasn't
targeting any individual rather he was expressing his First Amendment right to practice his religion
and express protected religious speech here a police officer decided that he did not like
the substance of this man's constitutionally protected speech and performed a warrantless
arrest in the absence of probable cause or was there probable cause it appears that the local
ordinance used to justify the arrest was related to the use of sound amplification equipment is
that constitutional there was actually a ninth circuit opinion in 2019 in a case called cuviello
versus City of Vallejo that addressed the question of whether a town could require a permit for the
use of a bull horn or sound amplification devices for First Amendment in that case held it under
some circumstances a town could require a permit prior to the use of a sound amplification device
such as a bullhorn however because of the Constitutional requirements that I already
discussed the government has to meet certain requirements so the permitting system must not
delegate overly broad licensing Discretions to any government official the system must not be
based on the content of the message the system must be narrowly tailored to serve a significant
government interest and lastly the system must leave open ample alternatives for communication
the ninth circuit has already struck down a permitting process in Long Beach California that
required 24 hours advance notice before use of a device however in San Francisco that same court
approved a permit requirement for Amplified speech that was in excess of a certain volume level the
court has also previously validated permitting schemes that were geographically just too large
in size so the point is that generally the courts favor government action against certain unwanted
Behavior rather than just blanket rules so long as the government isn't doing so based on the
substance of protected First Amendment speech so I don't have all the information on this particular
rest or the ordinance that they use to allegedly justify the arrest in this situation but I suspect
it's very much like the recent video that I did on a similar arrest out of Reading Pennsylvania looks
like some more men just showed up to support us this cop's going to give them a hard time
is the people that are in hell
this is public property
oh God
celebration
God bless you brother
so I'll link that video as well hopefully we'll find out more
information on this and we can do an update video uh on what happened
so as always thanks for watching please subscribe we're getting close to the 400
000 subscriber Mark so subscribe both here and at the blog at thecivilrightslawyer.com
thank you very much freedom is scary deal with it I'll see you next time foreign
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