Seaton: Dickson County Goes Full Europe On Speech

In the fictional world of Mud Lick, Sheriff Roy tells his deputies, “Arrest anyone wearing Vol Orange on sight. We’ll make the charges stick later.” Apparently the Dickson County, Tennessee Sheriff’s Department finds this action appropriate for images they deem offensive.

A Tennessee man was arrested Friday for alleged harassment after authorities said he distributed a disrespectful photo of a law enforcement officer’s grave on social media.

Joshua Andrew Garton, 28, was arrested on suspicion of harassment and jailed in Dickson County, Tennessee, on $76,000 bond, the Tennessee Bureau of Investigation said in a statement.

The photo shows two men who appear to be urinating on the grave of Sergeant Daniel Baker, a member of the Dickson County Sheriff’s Department killed in 2018. Baker’s alleged killer, Steven Wiggins, will finally get his day in court this July.

Joshua Garton isn’t Steven Wiggins. As of this writing, no one’s established any connection between the two men. No intent is discernible suggesting Garton shared this photo in an attempt to annoy, frighten or offend Baker’s widow.

In fact, as FIRE’s Adam Steinbaugh quickly pointed out, the image is merely a doctored album cover.

The Dickson County Sheriff’s Department wasn’t the only party guilty of failing to use Google Image search correctly. Ray Crouch, the District Attorney for Dickson County, couldn’t be bothered to check either.

The bureau said by email that the investigation and arrest were done at the behest of District Attorney General Ray Crouch.

“When requested to investigate an incident by a District Attorney General, TBI agents serve as fact-finders,” said bureau spokeswoman Leslie Earhart. “The D.A. determines what, if any, charges are placed.”

Long time SJ readers probably know where this is going, but let’s spell it out for anyone new. A meme shared on Facebook attracted the attention of a DA, who found the photo so offensive he tapped Tennessee’s largest and most well-funded crime solving unit to figure out who shared it.

Sharing a meme does not constitute “harassment” under Tennessee law. Sergeant Baker can’t view this as a threat. No reasonable person could find sharing a Facebook meme as intentionally annoying or harassing anyone associated with Baker’s case.

In fact, as the Supreme Court opined in Reed v. Town of Gilbert, harassment statutes like the one used to charge Garton are unconstitutional. Since the law restricts speech based on function or purpose, it sweeps a surprising amount of protected speech under its umbrella.

If substantial protected speech falls into the realm of what the law prohibits, it is void for overbreadth. Harassment statues like Tennessee’s prohibiting speech that “annoys” or “harasses” a party criminalize a wide scope of constitutionally protected speech. Garton was charged and jailed under an unconstitutional law for speech protected by the First Amendment.

Congratulations, Dickson County. You went full Europe on speech. And as David Meyer-Lindenberg once warned us, never go full Europe on speech.

Personally, I find the meme distasteful. I think the idea of urinating on the grave of a slain police officer repugnant. Many surely share my views. None of this changes that what Garton shared on Facebook is constitutionally protected speech, and those involved with his arrest and incarceration are hopefully prepared for when someone literally makes a federal case of this matter.

Those who decry Josh Garton’s arrest would do well to take a hard look in the mirror. In an age when the average citizen cries for greater restrictions on what they deem “hate speech” and mock those principled few standing for civil liberties as “crying about freeDUMBS,” it’s surprising more haven’t been jailed because someone took offense to something posted on social media.

It’s easy to condemn the actions of law enforcement when they commit an egregious fuck up such as this. It’s far more difficult to advocate for speech we find offensive and tell others no matter how much we can’t stand that speech, it’s protected by law.

Adherence to principle is hard in a world dominated by feelings and emotion. Cases like Joshua Garton’s remind us why the law demands we set our feelings aside for liberty’s sake. Turning a blind eye gives the authoritarians who seek to curb our rights more excuses to take them away.

15 thoughts on “Seaton: Dickson County Goes Full Europe On Speech

  1. Onlymom

    Nice. In Florida that is a sex crime that would put you on the sex offender registry for 25 years min.

    As for it being repugnant because it was the grave of a law enforcement office. Sorry that doesn’t wash with me. Sorry no special protection for law enforcement. It became repugnant when you did it to Any grave no matter who it was. As for the first amendment it doesn’t cover a crime. When they did that out in public they broke the law.

    1. SHG

      I only posted this so you would suffer the way I’m force to suffer. Hi, OM. Thank you for not suggesting someone be murdered. This time.

        1. SHG

          OM has been hanging around here a long time, though her comments haven’t often seen daylight as she tends to be a bit . . . harsh. This being a blawg, I have some concerns that non-lawyers might see her comments and confuse them for anything remotely legally correct, but beyond that, she’s got a good sense of humor and kinda grows on ya.

      1. Onlymom

        Lol actually this was a bigger threat. You forget what society we live in now. In today’s society you will get a harder and longer sentence for patting someone on the ass then for walking up and shooting a stranger on the street.

        The Sex Offender List is the ultimate never ending punishment.

  2. KP

    Album covers are popular.. the picture of the little Syrian girl walking through the bombed town was a classic Anti-Assad meme that turned out to be completely untrue, a doctored album cover.
    Surely this joins cartoons of child sex, where people are in jail for a so-called sex crime involving images of children who never existed?
    Somebody may have peed on a grave for the album cover, or maybe it was just drawn in, but if Baker felt harassed about it he should be the person to file a Police complaint. No one else can be harassed.

    Its all just Dicks on County Police Dept.

    1. CLS

      So you read maybe three sentences of this post before commenting with whatever puerile nonsense escaped from your brain? Cool.

      Ye gods, the amount of shit my editor puts up with.

  3. David Meyer-Lindenberg

    It’s been a pleasure to see your writing, which was good to begin with, get stronger and stronger over the years, Chris, but it’s especially encouraging to see you link to such good literary influences these days.

    1. CLS

      I may be delightfully tacky and unrefined, but it will be a cold day in hell before a man can accuse me of poor taste in literature.

  4. Harvey A Silverglate

    The underlying problem is that most school systems in this country do not have a mandatory course that teaches the elements of the Constitution, including, most importantly, the meaning, function, and importance of the First Amendment’s free speech and free press provisions. We are a nation of constitutional idots.


Leave a Reply

Your email address will not be published. Required fields are marked *

All comments are subject to editing or deletion if I deem them inappropriate for any reason or no reason. Hyperlinks are not permitted in comments and will be deleted. References to Nazis/Hitler will not be tolerated. I allow anonymous comments, but will not tolerate attacks unless you use your real name. Anyone using the phrase "ad hominem" incorrectly will be ridiculed. If you use ALL CAPS for emphasis, I will assume you wear a tin foil hat and treat you accordingly. I expect civility from you, but that does not mean I will respond in kind. This is my home and I make the rules. If you don't like my rules, then don't comment. Spam is absolutely prohibited, and you will be permanently banned.