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1st Amendment & Harassment

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UtzChips

Junior Member
What is the name of your state (only U.S. law)? West Virginia
My next door neighbor has been charged with shooting cats with her BB gun. She admitted same to a Deputy Sheriff, which is the reason she was charged, as there were no witnesses.
I want to fly a flag below my U.S. Flag on my 20 ft pole out front, that says:
"Holly West has been charged with shooting cats."
I also want to paint same on the side of my fence that faces her back yard. She lives next door.
Is either of those actions outside my rights under the 1st Amendment.
Thank you for time.
 


CSO286

Senior Member
What is the name of your state (only U.S. law)? West Virginia
My next door neighbor has been charged with shooting cats with her BB gun. She admitted same to a Deputy Sheriff, which is the reason she was charged, as there were no witnesses.
I want to fly a flag below my U.S. Flag on my 20 ft pole out front, that says:
"Holly West has been charged with shooting cats."
I also want to paint same on the side of my fence that faces her back yard. She lives next door.
Is either of those actions outside my rights under the 1st Amendment.
Thank you for time.

Why would you do that?

You do know what the 1st amendment is designed to protect us from the governmental retailaition should we choose to criticize them--not your neighbor?

ETA: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Doesn't say a word about being a craptacular neighbor. (Not saying the lady with the bb gun was being a good neighbor either, but two wrongs do not make a right.)
 
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FlyingRon

Senior Member
Huh? You're free to make critical speech about the neighbor as much as you are about the government.

Harassment in West Virginia requires you to either threaten them or repeatedly follow them. Erecting a sign in your yard doesn't cut it.

You may run afoul of the HOA or some zoning ordinance, but it's not criminal.
 

UtzChips

Junior Member
Why would you do that?

You do know what the 1st amendment is designed to protect us from the governmental retailaition should we choose to criticize them--not your neighbor?
Well, we certainly have expanded that, since celebs are fair game for pretty much anything. Concerning my neighbor; 3 cats have been killed and 2 neighbors have had to pay vet bills to have BBs removed. See deserves more punishment than the fine she is going to get.
 

racer72

Senior Member
I want to fly a flag below my U.S. Flag on my 20 ft pole out front, that says:
"Holly West has been charged with shooting cats."
I also want to paint same on the side of my fence that faces her back yard. She lives next door.
Nothing says a looney tune lives at this house than doing something like this. You would likely be the butt of many jokes too. Things like this generally backfire, the aggressor is seen as having mental issues and the target gets the sympathy. Knock yourself out.
 

questar

Junior Member
it seems to me that you wouldn't have the right under the 1st amendment because your action and justification for doing it would violate the 5th and the 8th. In your mind you've tried, convicted and now your decided on a punishment(hanging a flag and painting your fence).
 
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justalayman

Senior Member
it seems to me that you wouldn't have the right under the 1st amendment because your action and justification for doing it would violate the 5th and the 8th..
a private person cannot violate another person's 5th amend rights. A private person cannot violate another person's 8th amendment rights. Those amendments, like the rest of them, deal with limiting the governments actions.
 

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