This analysis effectively exposes the constitutional fragility of "decorum" policies, which often serve as a thin veil for unlawful viewpoint discrimination. It provides a vital defense of the First Amendment by reminding us that the state cannot curate public discourse based on the palatability of its content.
Deep Dive
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Deep Dive
FOLLOW UP: PUBLIC PROPERTY ARRESTAdded:
All right, I'm up here in THA, Kansas this morning at the THA Police Department. I'm going to be attempting to inspect some body camera footage from when THA police department unlawfully arrested me at the THA library a few weeks ago. You can't ask me to leave for no reason. This is a public place. You can't just walk in here and be told by the For what reason?
>> For what reason? I've done nothing wrong. I've done nothing wrong.
What have I done wrong?
>> Can we get a fair unit?
>> For what?
>> For what?
>> I've done nothing wrong.
>> Okay.
>> I have done nothing wrong >> right now. Walk away.
>> What's going to happen?
>> Walk away. You need You literally >> Why does the option need to be arrested?
>> I don't understand that.
>> They told you that you need to leave.
>> Yeah, but why arrested you?
>> Why arrested?
>> Just cite me.
>> Am I not saying it clearly?
>> What am I under?
>> Stop. and then came back a second time and they didn't arrest me a second time even though I was doing the same thing.
Hello.
>> Good. How are you?
>> So, we have asked this gentleman to either because our policy um requires that there's no cursing, obscene, or abusive language, including hate speech, racial slurs, and profanities. We've asked him to remove the profane word from his sign or step out into our free speech zone, which is right out front.
He's refused to do either of those things. So, at this point, we're now having to explain to Mary said [ __ ] too. She said >> the first word to be clear about.
>> No, >> that's post hawk.
>> That's post hawk. That's not why she did that.
>> But regardless, that violates according to them their policy there as well. And also Ree, let me explain something to you here.
When I first got here, I had a blank piece of cardboard. Michelle said it was okay. And then I wrote the word high on it. Said it was fine. Wrote am I protesting on it. Said it was fine. She said if uh any curse words got on it that that would be what she said was a disruption.
>> A disruption. And so I wrote the books.
I'm speaking right here, Michelle. And so you >> Yeah. She said she said no cuss words.
No. Now keep in mind Mary cut Mary said Mary said [ __ ] as well. But but I'm gonna Can you guys I didn't I didn't interrupt either one of you.
>> I didn't interrupt either one of you. We can just talk right here. I know you're trying to get me out of the building.
But >> no no So I I just want to explain to you Ree. This is a clearcut clearcut viewpoint discrimination. It does not matter that their in fact their policy is 1,000% unconstitutional to say that you can't have uh what does it say?
Vulgar words or whatever.
>> It says right here. So interfere. I'm going to read it to you. We can read it together. Honestly, interfering with use the library by customers over library staff.
>> Cursing. Cursed. Yeah. So, cursing. So, you know for a fact they got books in here with customers. And like I said, Mary said it. Mary said [ __ ] But anyways, so for them to say, "Hi, am I protesting is allowed, but books [ __ ] rock, but cross out [ __ ] is not allowed." That's called viewpoint discrimination. I'm not joking about that. I'm not wrong about that. I'm 1,000% about it. Now, their policy says that right now, >> but that policy is unconstitutional.
Furthermore, I'd like you to consider if their policy said no black people allowed, would you come in here and remove somebody from being black?
>> This is the exact same thing. It is unconstitutional 1 million%. It doesn't even matter if their lawyers say it.
Their lawyers are wrong, brother. And so, that's viewpoint discrimination.
It's a First Amendment violation all day long. All day long.
Am I doing something wrong?
>> I just want to talk.
>> That's fine. You can talk to him.
>> You gave him their space.
>> I'm giving him space, man. We're talking. It's fine.
I think >> that's where I'm trying to >> say.
Okay, >> I hear what you're saying.
Yeah.
>> Sure. Sure. We can try up here. Sorry.
Go back to your office.
>> I didn't need a private conversation. I was able to clearly articulate the Constitution and the law right here in public. Here we go.
Judge, jury, and executioner time.
What's >> the word, fellas? No word at all.
>> No word at all.
>> I'm allowed. Why' you arrest me last week then, Reys? Reese, why did you arrest me last week?
>> Reese, why did you arrest me last week then?
Is that an admission of guilt?
I appreciate that you learned, but uh it is a little too late.
Learning's good. Constitution, fellas.
Constitution. Good job. Constitution.
Should have done that last week, Reese.
So, I requested this body cam footage and then when I'm done there, I got a message that I'll go out and get and come back and uh display my message as well.
Hello.
>> Hi.
>> Morning. How can >> I help you?
>> At a 10:00 to inspect some body cam footage, please.
>> Okay. Yeah. Give me just a minute. I think they're waiting over here. So, let me go see.
>> Appreciate it.
>> Hey, Dr. Special.
What's your name?
>> I'm Sergeant Bson.
>> Bson. What's your name?
>> Sergeant Gar.
>> What is it? Sergeant >> Giren.
>> Gyn here for your core viewing?
>> Yep.
>> Okay. We'll be right in here.
>> Oh, there you go.
So, we'll be on the other side of the glass. We're going to ask that you not record. Uh it's about 17 minutes worth of video. As soon as it's done, feel free to let yourself out. Okay.
How you guys doing?
>> Good. What's going on?
>> So, we have asked this gentleman to either because our policy um requires that there's no cursing of seen our piece of language including hate speech and we asked him to remove the profane word from his sign or step out into our free speech zone which is right out front. He's refused to do either of those things. So, at this point, we're now having >> to be clear about regardless that said it was fine.
Said it was the curse words.
>> She said he >> said if you add the curse word.
>> Yeah. She said she said no.
I didn't interrupt either one.
>> No, no, no.
>> I just want to explain to you this is a clear cut clear viewpoint discrimination. It does policy is 100% unconstitutional to say that you can have what does it say?
Bolder words or whatever. sit right here. So if you're on good honestly and use the library customer cursing so you know for a fact they got books in here with customers and like I said Mary said it Mary said [ __ ] but anyways so for them to say hi am I protesting is allowed but books [ __ ] rock but cross out [ __ ] is not allowed that's called point discrimination I'm not joking about that I'm not wrong about that 1% polic policy says that right now >> but that that policy is unconstitutional.
Furthermore, I'd like you to consider their policy said no black people allowed. Would you come in here and remove somebody from being black?
>> This is the exact same thing. It is unconstitutional 100 million%. It doesn't even matter if their lawyers say their lawyers are wrong, bro. And so that's viewpoint discrimination. It's a personal violation all day long. All day long.
>> Okay. Let me just talk real quick.
So with you guys, I just I just want to talk to them. You give them their space. Let me talk to them.
>> You trying to say?
>> No.
>> No. I'm not >> Are you tracking?
That's where I'm trying to, you know, >> my hands right now because >> I'm trying to say.
>> Yeah, but I Where is that?
>> Okay.
>> I'm saying right now anything, right?
I like to talk to you guys.
>> Sure. Sure.
How's it boss? There's lost here.
Let it all be here. Sorry. The rest of She's not here.
I got you, man.
>> Because we're here. Am I just >> I didn't say anything.
enforce.
Do >> you suspect a crime right now?
Are you just following me because you want to be following me?
Why are you so bad?
Pull What part of the cell phone?
Here it is.
Yeah.
Hallelujah.
No word at all.
>> No word at all. We're out of here.
I'm going to grab my message now.
Head back in there.
Okay, I'm heading back into the Altha Police Department. I got my message here. One side says OPD officers McAuliff and Reese are dumb [ __ ] and the other side says OPD [ __ ] free speech. I'm also going to ask their records department why that video was edited like that. They're not allowed to do that. So, they edited out portions in which I don't appear, and they're not allowed to do that.
I'm going to see what they say.
Hi there. Records custodian, please.
>> She's in the basement right now doing property.
>> Okay. Is there anybody I can speak to about a record that I just had access to?
>> What did you want to speak to him about or >> uh about the the record itself?
>> And who are you dealing with?
>> Uh the records custodian.
>> Okay.
You want to have a seat? She's doing property right now, so it's going to be a while.
>> Well, anybody that can answer a question on that would be great.
>> Okay.
Are you the records custodian?
>> Yeah.
>> What's your name?
>> My name's Laura.
>> Laura. Hi, Laura. I was just in here uh reviewing some uh body cam footage that I had requested.
>> And uh notice that it was edited.
>> That's correct.
>> And why is that? Because uh you are allowed to see any parts where you are seen or heard as the subject of the video >> says what >> says the statute.
>> Which one?
>> 45 254.
>> 254 says that.
>> Yes.
>> Specifically says that.
>> Yes.
>> It does not say that. And in matter of fact, the statute says that that is a continuous compiled record. And so so you've created a new record. I didn't request that new record. I requested the one that was compiled that day.
>> Okay. Well, that's not how we interpret it. Um, this is the record that we provided for you.
>> You can have a great day. Okay.
>> That's not the record I requested, though.
>> Sorry. That's the record we're providing.
>> 254 does not say that.
>> You have a good day, sir.
>> Jeez.
What? Good customer service there. Hey, uh, I'd like to speak to the records custodian's boss, please.
All right. So, it looks like some officer in plain clothes walked in that back door there and walked into the office of the records custodian over there.
And the records custodian shut the door.
>> Is there somebody coming out here?
>> We've let them know.
>> Who' you let know?
Who did you ask for?
>> The records custodian's uh boss.
>> We let him know.
>> What's his name?
>> What is it?
>> Wes Smith.
>> Wes Smith.
>> Hi. I spoke with my boss. Uh he says that the statement that I provided you stands. We've provided you with the record that you're going to receive today and in as far as the interpretation of the law that we see it. And so that is what you're getting today. We're not going to provide you with anything different.
>> Well, two things. I I would like to speak to him instead of you speak to him and come out and relay because this is an issue. A criminal investigative record by definition is what's compiled.
And so what you let me view is not what was compiled. It's edited.
>> I'm not going to No, I'm not arguing. I'm >> the the law the law state.
>> It's a No, it's not. There's Would you stop interrupting me, please? I let you speak.
>> I am >> the the record is one continuous record.
That's what I requested. You all edited that record. So, you generated a new record. I did not request the generated record. I requested the compiled body cam footage and you all edited it. So, you are in violation of the Kansas Open Records Act.
>> Which Which statute are you citing to?
Have a good day, sir.
>> I'd like to speak to your boss.
>> You can file a complaint online. I' >> I'd just like to speak to your boss.
Pardon me. I'd like to speak to Wes Smith, please.
>> Well, I'd like to speak to somebody that that can help me out here, please.
I'll give you What is this?
>> A complaint for me if you like it.
>> I didn't ask for that. West Wes Smith, please.
West Smith, please.
That's pardon me. Wes Smith, please.
>> What's your name, sir?
>> Roger.
>> Roger. What's your last name? Roger.
>> Hel.
>> Hensel. How do you spell that?
Wes Smith, please.
Heat. Heat.
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