Tennessee man files lawsuit against police department over alleged First Amendment violation

<p>A Tennessee man has filed a civil lawsuit against the city of Kingsport, its police chief, and its officers, alleging a violation of his First Amendment right to free expression. The lawsuit was initiated by the Foundation for Individual Rights and Expression (FIRE) in 2023 on behalf of Joshua Gibbons, who recently made the complaint public after successfully having his conviction overturned and the remaining charge dismissed by the Tennessee Court of Criminal Appeals.</p><p>Gibbons stated, "They tried to intimidate me, but I’m not backing down. I can’t let this injustice stand, because my family doesn’t feel safe anymore. There’s no coming back from that raid on our home. They sent eight heavily armed officers to arrest me because I embarrassed them." </p><p>In October 2022, Gibbons filmed a Kingsport Police Department SUV speeding at night without lights or sirens, which the lawsuit claims violated department policy and state law. He followed the vehicle and approached the officer at a fast food drive-thru, where he filmed his criticism of the officer’s conduct.</p><p>FIRE Senior Attorney Adam Steinbaugh noted that when Gibbons approached the officer, the officer did not arrest him and instead continued with his meal. Gibbons, who uploads videos of police on duty to hold them accountable, later published a second video showing an officer giving him the middle finger.</p><p>A citizen complaint about the officer’s conduct led the department to search Gibbons’ YouTube channel for material to use against him. The department discovered the video of the speeding officer but opted to arrest Gibbons instead of disciplining the officer.</p><p>Steinbaugh stated, "The First Amendment protects the right not only to criticize and film police, but also to post it online. The police department didn't treat this as a crime until Joshua posted this online and embarrassed the department." He described the case as "as lawless as it was hypocritical" and asserted that the department’s actions were intended to intimidate a critic.</p><p>The lawsuit alleges that within two hours of being informed about Gibbons’ video, an arrest warrant was obtained for him for speeding, using a cell phone while driving, and disorderly conduct. This warrant was issued by a court clerk rather than a judge.</p><p>Early the next morning, eight armed officers raided Gibbons’ home, arresting him in front of his elderly mother and daughter, just nine days after he filmed the speeding officer. Gibbons faced two trials over nearly four years before the Tennessee appellate court dismissed the charges.</p><p>Steinbaugh remarked on the toll the lengthy legal process can take on an individual and expressed Gibbons’ desire for reforms within the department. In the first trial, a judge acquitted Gibbons of the speeding and cell phone charges but found him guilty of disorderly conduct. Gibbons appealed, and a jury upheld the disorderly conduct conviction.</p><p>However, in June, the Court of Criminal Appeals of Tennessee unanimously overturned the verdict and dismissed the disorderly conduct charge, stating there was "no evidence" that Gibbons’ criticism of the officer "prevented any person from doing any lawful activity." The court noted that Gibbons "did not threaten anyone, did not engage in any violent behavior, and did not create a physically offensive or hazardous condition." It emphasized that even "profane and insulting" words do not constitute a crime, especially when directed at police officers, who are expected to exercise restraint.</p><p>Steinbaugh concluded, "If you are a law enforcement officer, you are required by your uniform and by the First Amendment to tolerate criticism. Some of that's going to be fair criticism, some of it's going to be unfair criticism. But you don't get to go and arrest people for it. That's the message we want to send to this department and to departments around the country." Kingsport Police did not respond to requests for comment in time for publication.</p>