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Dear Members and Advocates,

A little known US Supreme Court case that was decided earlier this summer can provide useful nuggets of value in an upcoming appeal concerning the First Amendment rights of a fellow sex offender law reform advocate.

More than a decade ago, an outspoken and somewhat eccentric individual by the name of Fane Lozman decided to stand up, show up and speak out in order to keep his home. Mr. Lozman was peacefully living on a houseboat in a Riviera Beach, Florida Marina. Developers had made a deal with the City to re-develop part of the waterfront land in Riviera Beach and in order to do this, the city planned  to  use  its  eminent  domain  power  to  get rid of the houseboats to make way for the development.

Not wanting to lose his home and peaceful lifestyle, Mr. Lozman showed up to meetings wherever the development was discussed and voiced his opposition. He also filed a lawsuit to block the City from executing its plan to take away his home. The Courts ultimately agreed with him and his lawsuit was successful, but along the way, Mr. Lozman discovered how corrupt local officials were, some of which were even criminally charged for their corruption!

What happened next is what the Supreme Court of the United States would 12 years later find violated his First Amendment rights. You can see it for yourself here: https://youtu.be/8Dqpvh6_z0g. Not one minute after he stands up to make peaceful public comment on an issue the public in Riviera Beach should be aware of, he is arrested. The video speaks for itself, but unfortunately it would take a dozen years for the SCOTUS to speak for Mr. Lozman!

The significance of this case as it applies to our cause should slowly come to you now… In an effort to censor and suppress the speech of a member of the public whose point of view differs from and potentially disrupts the political agenda of a politician with a self-serving financial interest, the politician seeks to have the speaker arrested. Sound familiar?

Currently, Derek Logue is appealing the restraining order obtained against him by Senator Lauren Book. Although the content of the speech is completely different, the tactics are similar. They are also similar to the tactics private prison company, GEO Group, are using to intimidate The Dream Defenders, a Florida civil rights group, who is protesting the use of for-profit prisons. Notably, GEO Group’s lobbyist is Lauren’s father, Ron Book.

To paraphrase an excerpt from the Lozman decision, ‘the  right  to  petition is one  of  the  most  precious of the liberties safeguarded by the Bill of Rights’. The fact that a politician or politically connected entity can use intimidation tactics to suppress the First Amendment rights of an individual should scare everyone – regardless of whether you agree with the speaker’s underlying message or not!

Fane Lozman’s victory was not only a personal one, but a victory for all the “Davids” out there willing to stand up for themselves in the face of the “Goliaths” who are trying to oppress them. It took more than a dozen years, a very public arrest and two trips to the US Supreme Court, but Fane Lozman is hopefully kicking back on his houseboat enjoying life. Kudos!

Sincerely,

The Florida Action Committee

 

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