Protester wins free speech appeal

First Amendment protection is not limited to spoken words; it also extends to some conduct. An actor's conduct is sufficiently expressive to merit First Amendment protection if the actor had an intent to convey a particularized message. ... and in the surrounding circumstances the likelihood was great that message would be understood by those who viewed it. (Baribeau). 

Sharkey v. City of Shoreview and State of Minnesota, respondent, vs. Todd Charles Starkey, Appellant, Court of Appeals of Minnesota are important free speech cases in Minnesota. 

The higher court reversed the lower courts decision.

Challenging his convictions of two counts of disorderly conduct, appellant Todd Charles Sharkey principally asserts, given his First Amendment protections, that the record does not support the district court's findings.  Because a substantial portion of appellant's conduct was protected by the First Amendment and his unprotected conduct was insufficient to sustain the convictions, we reverse. 

Facts:   These convictions arise out of the state's assertion that appellant, in a disorderly fashion, interfered with a Shoreview City Council meeting.  Trying the accusation without a jury, the district court found that appellant disturbed the meeting in a noisy and boisterous fashion, creating alarm.  Appellant appeared at  the city council meeting and repeatedly interfered with efforts of the presiding mayor to comment on the proceedings.  Following the mayor's instruction, attending police removed appellant from the assembly over his loud and insistent objections.  Upon conviction, the court stayed the sentence pending appellant's compliance with conditions of probation that included an order prohibiting him from attending city council meetings for one year.  Appellant asserts his right to freedom of speech in challenging the conviction.  He further claims that the district court's stay-away order violated his First Amendment rights, the prosecutor lacked authority to prosecute the case, the district court improperly admitted Spreigl evidence, the evidence was insufficient, and the government's conduct violated his due-process rights. 

Appellant attended the city council meeting on March 17, 2010, and got up to speak at the beginning of the citizen comment portion; the record supports the district court's finding that appellant "approached the podium very agitated."  As the presiding officer, the mayor began comments directed toward appellant, and the record supports the district court;s finding that appellant then became boisterous and noisy.  The mayor tried to address appellant again, and the appellant began his comments, speaking over the mayor. The mayor tried to address the appellant a third time, stating "I have something to say."  Appellant responded, "I don't really want to listen to you."  The mayor then stated that appellant was out of order; and, seemingly addressing the police officers who were present, the mayor instructed, "would you take Mr. Sharkey out please."   Appellant then stated in a raised voice, "This is set up, you set this up."  Appellant tried to continue with his comments at which point a deputy sheriff approached him and appellant yelled, "You're going to have to arrest me."  Appellant shouted this three times.  Appellant clung to the podium and refused to leave until deputies pried his fingers off of the podium and escorted him from the meeting. 

 

 

Compare this case to mine.  View the videos above, and then you be the judge.  Did I commit disorderly conduct, as the jury found me guilty of?  Or was I exercising my free speech and insisting on equal treatment under the law.    


 Todd Sharkey shouted at deputies and clung to the lectern at Shoreview City Hall and his fingers had to be pried away from the lectern before he was removed and arrested and jailed for disorderly conduct and obstructing the legal process at a Shoreview Council meeting.  He was protected by the First Amendment, according to a Minnesota State Court of Appeals ruling.  The court reversed two district court convictions against Sharkey, who in 2010 was arrested and jailed.      VERY VERY INTERESTING.  PAY ATTENTION TO THIS CASE....IT IS NOTEWORTHY.