John Greenup wrote:Lots of lather being whipped up over Mr. Sparks behavior in the aforementioned video and the First Amendment....we need to be clear, however, that his actions (as childish and repugnant as most of us seem to think they were) do NOT constitute a First Amendment violation -- regardless whether he was acting on his own initiative or at the behest of evil, GOP masters (cue, "Imperial March" from The Empire Strikes Back).
Seriously though, US Supreme Court decisions have consistently maintained that alleged First Amendment violations must eminate from an action by the State, or some entity acting on behalf of the State...similar conduct by private individuals (like our Mr. Sparks) are probably not actionable as Constitutional violations, but the Assault 4th Degree and Menacing charges (coupled the possibility of filing some civil action - e.g., common law battery) are more on-target.
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