But a comment - actually, a meme - he posted online in response to a detractor has crossed a line for one federal judge, and the case will go to trial Monday, January 22. When it comes to speaking his mind, former Milwaukee County Sheriff David Clarke has never been bashful. Black had filed a civil suit against Clarke in federal court. After deliberating for about three hours, the jury of five women and two men found that plaintiff Dan Black had failed to prove Sheriff Clarke’s Facebook posts violated Black’s First Amendment rights by intimidating him to the point that it was unlikely that he’d express his opinions in a similar fashion in the future. For instance, during the 2016 presidential campaign, he tweeted that it was time for Americans to pick up “pitchforks and torches” in response to what he called a “rigged” electoral system.UPDATE: On January 22, a federal jury in Milwaukee found in favor of former county sheriff David Clarke. Over the years, the ex-sheriff has used social media to try to provoke others. He has also created a new company called DAC Enterprises, based in Maryland. 22 over airport incident, but most claims dismissedĬlarke served as Milwaukee County sheriff from 2002 until August, when he abruptly resigned to go to work for the pro-Trump super PAC America First Action as a spokesman and senior adviser.
#FACEBOOF PAGE FOR SHERRIF DAVID CLARKE FREE#
"In contrast, an isolated instance of public ridicule will not amount to actionable retaliatory harassment unless it is egregious enough to deter a person of ordinary firmness from exercising his right of free speech," U.S. Someone claiming First Amendment retaliation usually must show he was subjected to a campaign of petty harassment, a threat of physical harm or of some kind of punishment, sanction or adverse regulatory action. If the answer was yes, the jury was to decide damages.īlack's lawyer didn't ask for any specific award or contradict the defense claim that Black didn't suffer any actual damages, since hasn't yet paid for any therapy he says he would like to get. The jury had to decide whether Clarke's posts about Black on the Sheriff's Office official Facebook page in the wake of the airport incident amounted to retaliation against Black for filing a complaint about Clarke with the county. RELATED: Bice: Hassle me at your own risk, Clarke tells critics RELATED: Ex-Sheriff Clarke briefly blocked by Twitter after calling for media to 'taste their own blood' "It's been a massive strain on me, my family and friends," he testified.
He said if he had known all the consequences, he would never have filed the complaint asking the county to investigate Clarke's decision to have him detained at the airport. He said what happened "is not a spat," but a violation of his rights that has come to define him online. Bohl said Black used his "15 minutes of fame" to defame Clarke.īohl characterized the affair as "an unfriendly internet spat" between two men who didn't like each other and reminded jurors the First Amendment protects even repugnant ideas.īlack said he had never seen Clarke before the airplane incident and hasn't since. In his opening statement, Bohl told the jury that far from chilling Black's free speech, Clarke's posts about him only encouraged Black, citing three television interviews he gave about the airport incident and its aftermath. Bohl said she was struck for non-racial reasons, like that she had once served on a jury that awarded damages and that she had supported President Barack Obama, whom Clarke had opposed. "I need someone to say this is wrong," Black told jurors.ĭuring jury selection in the morning, Sulton objected that the only African-American in the jury panel was struck by the defense. Sniffling back emotion on the witness stand, Black testifed his lawsuit was more of the same, insurance against the power of Clarke and his office. Going to the news media, Sulton argued, was a sensible protection when it appeared the county itself wasn't going to do anything about his complaint. Black testified he hasn't been able to land a new job, since any internet search of his name turns up almost nothing but the dispute with Clarke. His parents testified they wouldn't advise him again to speak out, given the impact the yearlong affair has had on the whole family.įriends testified Black hasn't been himself he's more cautious, on edge and sometimes paranoid about the sheriff's office. Sulton said the real question is whether the experience would discourage Black from ever again filing a complaint about a public official.
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