Judge: Man who harassed officers was exercising free speech

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From Fox6 Milwaukee:

An appellate judge on Thursday dismissed disorderly conduct charges against a man who stood outside a police garage and insulted off-duty officers, saying he was exercising his free speech rights.

In 2018, Aaron Oleston stood outside the Janesville police station garage for two days and yelled profanity-laced insults at officers. His insults including calling the officers Nazis, terrorists and thugs. He stood next to an officer’s car and videotaped him as he tried to leave. He also stuck his camera in front of another officer’s car as that officer tried to leave.

A jury in 2019 found Oleston guilty of five counts of misdemeanor disorderly conduct and acquitted him on one count of obstructing an officer. He argued on appeal that his actions were protected under the First Amendment’s free speech guarantee.

Judge Rachel Anne Graham from the 1st District Court of Appeals partially agreed with Oleston. She overturned his conviction on three of the charges connected to his remarks, saying that whether profanity is protected speech is still an unsettled question of law, his remarks were “relatively generic,” he didn’t continuously target a single officer and he stayed dozens of feet away from them.

Judge Graham noted the officers testified that the comments made offended them but went on to say that the government cannot suppress speech, even if it is considered offensive. However, Judge Graham upheld the convictions on two counts from the attempted videotaping of the officers.

According to court documents, he followed a group of officers to their cars rather than remaining on the sidewalk, got within 5 feet (1.5 meters) of an officer’s door as he videotaped him leaving and stuck his camera out in front of another officer’s vehicle as that officer tried to leave. Another officer had to take the camera from him and handcuffed him as Oleston shouted profanities.

Graham said Oleston’s conduct in those instances went beyond expressing ideas and could be construed as causing “substantial disorder.”

Oleston’s attorney, Steven Roy, didn’t immediately respond to an email seeking comment. Rock County Assistant District Attorney Gerald Urbik, who defended the state in the appeal, didn’t immediately return a phone message.

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