From Wisconsin Spotlight. It is rather unsettling that a decision like this would ever be in doubt.
MADISON — The First Amendment cannot be constrained in the name of a pandemic.
That’s the ruling of a federal judge who finds Marquette County law enforcement officials violated the speech rights of a teen when they threatened to arrest her after she posted on Instagram that she had COVID-19 in the opening months of the pandemic.
“The First Amendment is not a game setting for the government to toggle off and on. It applies in times of tranquility and times of strife,” wrote U.S. District Court Judge Brett Ludwig in his decision, “While Defendants in this case may have believed their actions served the greater good, that belief cannot insulate them. Demanding a 16-year-old remove protected speech from her Instagram account is a First Amendment violation.”
Ludwig granted Amyiah Cohoon, at the time a sophomore from Oxford, and her parents summary judgment. And the defendants, Sheriff Joseph Konrath and Sergeant Cameron Klump, cannot escape liability by invoking probable cause or qualified immunity, the judge wrote.
As Empower Wisconsin reported, on March 27, 2020, Klump threatened to cite or jail Amyiah or her parents if she did not remove the social network post indicating she was recovering from COVID-19, according to the lawsuit.