Legal Environment/Memo — Rincon v. Keating

TO: Sheriff Tibers, the Sheriff of Rincon County

From: ABC legal firm

RE: Guidelines and advice for Mr. Tibers on the matter of ‘Rincon v. Keating’

Date: 11/12/2017

Question Presented by Sherriff Tibers

The Rincon County specifically Sheriff Tibers has arrested Mr. Brauce Keating for disorderly conduct. However, Mr. Keating has hired a lawyer stating his arrest and prosecution as unconstitutional. Further, he alleges his freedom of rights for speech has been violated. There is legal agreement that county should seek legal advice to determine whether the constitutional rights effect or there is no problem in the context.

Law Regarding Disorderly Conduct

Disorder conduct means the tendency to concern the peace of general public. Furthermore, disorderly conduct consists of violent and abusive behaviour, disturbing, threatening or loud otherwise disorderly conduct. However, many lawmakers believe the function of free speech in the justice system has invited the dispute (Jackson, 2015). Nonetheless, it serves the purpose to maintain the civil order but it has resulted in dissatisfaction and anger among the people.

The law of first amendment and retaliation

The first amendment protects vocal criticism directed towards police officers. This has given freedom of speech in the much broader sense to the public. For example, a case of Buffkins v. city of Omaha, in which defendant stated the go and an F-word at police was stated as engaged in self-protected speech.  In other words, it is usually expressed an intention to fight or provoke violence (Zhang, 2014).

Moreover, to claim the retaliation of the first amendment the plaintiff must show that he was engaged in the constitution to protect activity and defendant have caused him an injury. Furthermore, it must state that the defendant actions have proved the violent behaviour.

Constitutional protect activity

There are certain situations when there is an individual in the violation of the law, but they are protected with the freedom of the speech. For example, there is green activist outside the certain premises and they are the campaign to communicating the certain social or political view. The police called to premises and asked to arrest but the officer should try to preserve and should not proceed with arrest (Martin, 2015).

This kind of arrest causes a liability for both officers as well as the department. This type of situation classified as balance individual rights and freedom of the speech. In the US, there has been a ‘bill of rights’ has been passed with first amendment has been passed to protect the speech rights.  The constitution involves number of consensus as well as rules to define the relationship (Phillips, 2016).

Analysis of the Issue – Rincon v. Keating

The constitutional act has granted the individual with the right to exercise the freedom of speech and express his social and political opinion. Further, the first amendment to express his political, as well as religious view, has granted right to protest to the public. As we have witnessed the case, for speech freedom has granted rights to individuals for the words they directed towards the police officers. The more public disorder situation occurs when there is the situation that causes the violence or provokes the violence. If an officer arrests the individual without any issues, then there is the breach of rights of speech. This creates a liability on the individual as well as his department to deal with constitutional matter proceedings.

The arrested of Mr. Keating by sheriff Tibers, for the Rincon County has violated the constitutional law amendment, which offers the rights of freedom of speech. This has brought he liability the on the department as well as Mr. Tibers. As we have stated earlier that the social and political view highlight by the individuals in the society is important element to maintain the balance between the law and constitution.

Nevertheless, the public disorder act after the second amendment has grant number of freedom to individuals to individuals to what can be said in what manner and orders. The use of the certain words may be classified as engaged in self-protected speech.

Conclusion

There is an extra care needs to take by the officer when carrying arrests, especially under the public disorder act. The act with second amendment grants number of rights to individuals along with the constitutional law. The freedom of speech allows the individual to protest for their right until there is serious public disorder or violence of the other rights. In addition, some words which might consider offence might not result in public disorder and cause a liability for the department.

 

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