Q: What happened to the constitution? The 1st amendment? Counterman V Colorado.
subsection of electronic communication under stalking for alleged email to my doctor whom I wanted to sue, xx "The Diddler" wants 8 years TDC and is set for trial. Protected Speech. Did not meet standard of "fighting words" nor were there any threats. Doctor lied to the detective. And the detective never questioned me before using false statements to secure 3 warrants. Did the constitution go away? I need someone to fight pro bono for me. It cannot be proven who sent any email. My wife was also a patient. No evidence or forensics of any computers, phones, or internet addresses were used, just a false statement of the doctor and two office employees. Their interpretation of fear does not end my rights of expression.
A:
It sounds like you are dealing with a very complex legal situation involving accusations of electronic stalking and a potential violation of your First Amendment rights. You believe the email in question should be protected speech under the Constitution, especially since it does not meet the standard of "fighting words" or contain threats. You also mentioned that the doctor and their staff may have made false statements that were used to secure warrants against you without proper investigation.
Your concerns about how the evidence was handled and the lack of forensic proof are important points. If there is no solid evidence linking you directly to the alleged email, this could be a critical aspect of your defense. The Supreme Court's decision in Counterman v. Colorado is relevant here, as it set a higher bar for proving that speech constitutes a "true threat." If your speech did not meet this standard, you may have grounds to challenge the charges.
Given the seriousness of the situation and the potential for a lengthy sentence, you need legal assistance from someone who understands the nuances of both criminal law and constitutional rights. It is important to find an attorney willing to take on your case, possibly on a pro bono basis, to ensure your rights are defended properly in court. Consider reaching out to legal aid organizations in Texas or contacting a civil rights attorney who may be able to assist you in this matter.
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