BIG WIN: Judge Says “Criminals Control Norfolk County” Shirt Is Protected Speech

BIG WIN: Judge Says “Criminals Control Norfolk County” Shirt Is Protected Speech

The Center for American Liberty just scored another major First Amendment victory in Massachusetts—but this one hits different.

A federal judge ruled the Massachusetts State Police’s enforcement of the buffer zone outside the Karen Read trial was flat-out unconstitutional.   Judge Joun reasoned, “…although the Buffer Zone Orders are clear, the record shows a persistent pattern of arrests or threats of arrest to protesters and non-protesters alike who are complying with the Buffer Zone Orders. The buffer zone is not a people-free zone. The public has the right of access, not only to the sidewalks and the pathways of the courthouse, but access into the courthouse itself.”

What Happened?

Last year, Judge Beverly Cannone issued a 200-ft buffer zone banning signs and protests near the courthouse. We worked with the Randazza Legal Group to sue taking the case all the way to the First Circuit Court of Appeals. The appellate court said Judge Cannone’s buffer zone needed to focus only on speech intended to interfere with the trial—in other words, it lacked a mens rea component. The appellate court also explained that peaceful expression, within the buffer zone, is protected by the First Amendment.

So what did state police do? They kept arresting, and threatening to arrest, people anyway. Erica Walsh—wearing a sweatshirt that said, “Criminals Control Norfolk County” was arrested. And as judge Joun just explained, “Criminals Control Norfolk County” is protected speech. Her message didn’t interfere with the trial. It was criticism of government. And in America, that’s protected.

Why It Matters

This case is huge because the court ruled this pattern of suppressing speech has to stopMassachusetts State Police should have got the picture after the Court of Appeals ruling earlier this year. Hopefully, after being so clearly corrected from the bench—and at times by specific officers names—police will finally protect free speech rights for Americans gathering outside the Karen Read trial.

BIG WIN: Judge Says “Criminals Control Norfolk County” Shirt Is Protected Speech