Our client was charged with Obstructing a Law Enforcement officer because the police didn’t like being criticized at a traffic stop. The First Amendment of the United States Constitution stands as a guardian protecting citizens against criminal prosecution when exercising their constitutional right to speak, to witness and engage in the political process, and to criticize governmental activities. The law prohibiting Obstructing a Law Enforcement Officer cannot be used to limit a citizen’s criticism, even if it is abusive criticism, directed at police officers. Mark A. Kaiman and Victory Legal sprang into action and brought a motion to dismiss arguing that under the law, the prosecution couldn’t prove the elements of crime at trial. Our client’s vital First Amendment rights were upheld, and the case was dismissed.
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