Canton Coverup Part 516: Federal Judge Reprimands State Police For Wrongly Enforcing Beverly Cannone’s Unconstitutional Buffer Zone

 

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Last week there were several incidents involving State Police Sgt. Michael Hardman wrongly enforcing Judge Cannone’s unconstitutional buffer zone. First he physically picked up YouTuber Tom Derosier, as he quietly stood within the buffer zone documenting the arrival of Karen Read at the courthouse. Then he told Karen Read supporter Jason Grant he couldn’t hold a sign outside of the courthouse because it had a biblical quote that contained the word “freedom” in it. Finally he arrested Erica Walsh for wearing a Microdots sweatshirt with the words “Criminals Control Norfolk County” on the back of it.

Judge Cannone was forced by the US First Circuit Court of Appeals to amend her buffer zone order so that it didn’t violate the First Amendment. In response she issued a revised order stating that protesters couldn’t disrupt court proceedings or carry signs that were designed to influence jurors or witnesses.

 

But this was incredibly vague and gave State Police the discretion to arrest Erica Walsh, manhandle Tom Derosier, and ban Jason Grant from holding his sign. As usual, Auntie Bev was useless.

According to Auntie Bev’s revised order Erica Walsh should’ve been able to immediately see a Superior Court Judge to rule on whether or not she could wear the sweatshirts. Instead she was arrested. The next day Judge Doolin ruled against her, but now Judge Joun has overruled him. In a major victory yesterday Judge Joun has ruled in favor of Grant, Derosier, and Walsh, and said that their speech and actions are constitutional, and that the State Police must stop enforcing the buffer zone order the way they are.

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The Commonwealth said that Jason Grant’s claim was moot because he agreed to stop holding the biblical quote sign, but Judge Joun said it wasn’t because he might wanna do it again.

 

Three other plaintiffs (Karen Read supporters) have not be reprimanded by the police, but Judge Joun found that their rights have been violated because the illegal enforcement of buffer zone speech has created a chilling effect, in which they are too scared to exercise their First Amendment rights.

If people are afraid to speak because they fear being thrown in jail then their rights have been violated.

Judge Joun made it clear that the State Police are arresting and threatening to arrest law abiding citizens who are complying with the buffer zone order. Their illegal actions include preventing people from walking on a public sidewalk, as Sgt. Hardman has basically tried to make it illegal to exist within the buffer zone, even if people aren’t protesting or being loud.

Michael Bryant, a reporter from Justice Served, was reprimanded by Sgt. Hardman for walking through the buffer zone with his camera too many times. Both he and Tom Derosier were told they couldn’t be there because they didn’t have what he deemed to be proper media credentials. But Judge Joun smacked him down once again by pointing out that Mr. Bryant and Mr. Derosier did nothing with the intent to influence anyone involved in the Read trial.

Judge Joun ruled that Erica Walsh’s sweatshirt is constitutionally protected, and doesn’t violate the buffer zone order. Free people living in a free country are allowed to wear clothing that advocates for government reform and/or criticizes the government, as long as it wasn’t directly related to the Karen Read trial. “Criminals Control Norfolk County” is a generalized and vague statement that could apply to thousands of people not associated with the Read case.

Finally, Judge Joun ruled that the plaintiffs had a likelihood of success on their claims if it went to trial, and since the Karen Read case will be over in a few weeks a court order is needed now.

Erica Walsh is a modern day Rosa Parks. She put herself on the line and was arrested in an act of civil disobedience, because unjust laws cannot be obeyed. Without her arrest I doubt this would’ve gotten the attention it did from First Circuit and Judge Joun.

This is such a refreshing victory for free speech and the First Amendment, and a huge thank you is owed to Attorney Marc Randazza and the Center for American Liberty, who financed this lawsuit. Without them none of this would’ve happened. I donated another $100 today, and you can support them as well by clicking here.