Under the First Amendment, American citizens enjoy the right to freedom of speech, including peaceful protests. However, any experienced Michigan criminal defense lawyer can attest, that just because it is protected does not mean that these rights aren’t unlawfully infringed on at times. A perfect example is seen in the recent case of a Michigan couple who was arrested for having unfavorable signs protesting the Bush Administration on their vehicle, driven during a funeral procession.
Homemade Bumper Stickers Lead To Unlawful Arrest
In 2007, Lewis and Jean Lowden came to mourn the loss of a friend and fallen soldier who died while fighting in Iraq. In fact, the family of Todd Motley invited them to attend. They arrived to the event in a van decorated by numerous handmade signs that, according to the Detroit Free Press, “questioned the competence of then-President George W. Bush and Vice President Dick Cheney.” Law enforcement officials consequently pulled them over, citing the handmade bumper stickers on the couple’s van. Even though they explained that they were invited guests, they were still arrested for carrying concealed weapons, specifically a few knives that Lewis Lowden used for camping.
Although the charges against the Lowden’s were dropped two months later, the Clare County Prosecutor failed to pursue the unlawful actions of the deputies on the day of the funeral. On behalf of the Lowdens, lawyers from the American Civil Liberties Union filed a suit last year attesting that the county, sheriff’s department, and officers involved directly violated the Lowden’s civil rights. On a much larger scale, they are also protesting the constitutionality of the 2006 Michigan funeral protest law, which mandates that no person shall engage in disrupting conduct or make threatening gestures within 500 feet of a funeral service, procession, or burial. Michigan criminal lawyers for the Lowdens maintain that they were only stopped in the first place for what their signs said, also believing that they are the only people in the state to every be arrested under the law. Had their signs been regarding the funeral at hand, law enforcement officials probably would not have stopped them in the first place.
Although lawyers for Clare County maintain that their officers acted within the scope of the law, and the state holds the law as constitutional, the courts do not seem to agree. In March, Bay City federal judge Thomas Ludington ruled that this case had sufficient merit to go to trial, suggesting that the law is unconstitutional. “Plaintiffs have made a compelling case that the Michigan statute is unconstitutionally vague, both because it does not provide ordinary people with fair warning of what conduct is prohibited and also does not provide adequate direction to law enforcement,” Ludington explained.
The right to free speech and peaceful protest is one of the most beloved and cherished freedoms in the United States. However, it must be both respected and protected by law enforcement officials, not used as merit for arrest. As seen by the example of Lewis and Jean Lowden, it is possible to be unlawfully accused of criminal charges for exercising free speech. To fight such difficult cases that go to the heart of a statute’s constitutionality, it is essential to have superior counsel on your side. By contacting aggressive Michigan criminal defense attorneys, not only will you receive sound legal advice, but also the best defense possible when fighting back against injustice. Acting quickly is in your best interest to both clear your name, and prevent the infringement of your personal liberties.