Honorable Federal Judge Smoak Strikes Down Unconstitutional Law That Violates Free Speech In 2007, Robert Brayshaw was falsely investigated and harassed by a Tallahassee police officer on a trespass complaint while he was working as a property manager. Florida Statute 83.53 protects property managers from being guilty of trespassing while working for their duty. No charges were pursued by the State Attorney’s Office because there was no case at all. It was determined that there was no crime and no charges after Officer Annette Garrett’s frivolous and ridiculous two month investigation while selling Avon products to residents of the property. Brayshaw found Officer Annette Garrett to be rude, abusive and unprofessional. He filed complaints against her with the Tallahassee Police Department, but wasn’t satisfied with the department’s response. He then found another forum to voice his opinion — RateMyCop.com, a privately owned company in Los Angeles, which “allows registered users to leave written feedback about their interactions with police officers, and rank the officer’s service based on three criteria: Professionalism, Fairness and Satisfaction.” Over the course of several weeks in 2008, Brayshaw posted critical comments about Garrett, while her department monitored the website. This is typical behavior of the police department considering the death of Rachel Hoffman during about this time period. Brayshaw found public information about Garrett and, in addition to public records regarding the home she owned in Leon County, found her personal website, her Avon website and information about her attempt to adopt a child from Guatemala. Through her own postings, Garrett had identified herself as a Tallahassee officer and provided personal information. Brayshaw found Garrett’s marital status, home address and estimated value, cell phone number and personal e-mail address. He posted it on RateMyCop.com after him and his wife was being harassed by Officer Annette Garrett on the website after posting criticisms about her as an officer. Her department promptly opened a criminal investigation, subpoenaed records from RateMyCop.com and Brayshaw’s Internet provider, and sought his arrest for violation of a Florida statute of 843.17 enacted in 1972: “Any person who shall maliciously, with intent to obstruct the due execution of the law or with the intent to intimidate, hinder, or interrupt any law enforcement officer in the legal performance of his or her duties, publish or disseminate the residence address or telephone number of any law enforcement officer while designating the officer as such, without authorization of the agency which employs the officer, shall be guilty of a misdemeanor ... ”
The police officers involved of Officer Annette Garrett (Badge #640) and Officer Michael Dilmore (Badge #694) fabricated their police reports for a false arrest on a law that was unconstitutional and did not apply for not being a threat to a police officer. These officers did not state in police reports the numerous sources in which Garrett had already exposed this public information including phone books and mortgage records in the Leon County Court House for public records. These officers didn’t state how Officer Garrett was harassing the Brayshaw’s and other citizens for posting criticisms about her job performance on a police review website of ratemycop.com for specifically rating police officers for good and poor performances in their line of duty by the citizens in all the states. The State Attorney’s Office false prosecuted Brayshaw. In December 2008, after selecting a jury, the state dismissed the charge. It falsely re-filed the charge less than two weeks later again. After the state failed to comply with Florida’s speedy trial requirements, the charge was dismissed with prejudice in April 2009 and thrown out by Leon County Judge James Shelfer after months and months of pussy-footing in the courts by police, prosecutors and judges in which no crime ever existed at all. Shaken by the false arrest and prosecution for the publication of truthful information, and afraid to do it again, Brayshaw turned to the American Civil Liberties Union of Florida, which took his case to federal court in September 2009, suing the city of Tallahassee and the state attorney to have the statute declared unconstitutional and seeking damages for his arrest. Florida has a long history of enacting laws that seek to punish or prohibit the distribution of truthful information. And they have met with the same fate — a finding they violated the First Amendment on numerous cases. On April 30, Northern District of Florida Judge Richard Smoak declared the statute unconstitutional and enjoined its enforcement, finding Brayshaw’s postings were protected speech and that “the release of personal information, even with the intent to intimidate, is not per se a true threat” that can be constitutionally prohibited. This determination is correct and leaves one wondering why the prosecution took place. Brayshaw’s posting was unaccompanied by any suggestion that anyone do anything with information already publicly available. In effect, the prosecution of Brayshaw was based upon the mere publication of the name, address and phone number of a police officer. In this Internet era, substantial amounts of information are available to anyone with access to a computer and the time and interest to conduct exhaustive searches. Penalizing the researcher in an effort to put the genie back in the bottle does little to prevent anyone with similar time and interest from “discovering” the information afresh. Brayshaw’s prosecution under this antiquated statute was akin to killing the messenger. Florida’s old law, as applied to the Internet, fails a constitutional analysis.
In order to have a constitutional challenge in state or federal court, the judge must first review the free speech or free press in question to determine if a constitutional challenge can move forward. The Speech of Rob Brayshaw was reviewed by Federal Judge Richard Smoak which clearly showed that there was no threat made to a police officer in which all speech was protected speech in which the false arrest never applied to the law for the applied challenge against the City Of Tallahassee. It also did not apply as a Constitutional Law on it’s face and completely struck down after 40 years of worthless bunk on the Florida law books. The ACLU was paid $25,000 for attorney fees by the City Of Tallahassee for the false arrest of the unconstitutional as applied challenge of the law. The State Of Florida had to pay the ACLU $35,000 for attorney fees to cover the constitutional challenge on it’s face. Sources have stated that the case cost well over $100,000 to the tax payers for the false investigation, false arrest, two false charges and constitutional challenge of the constitutional challenge in which the law was illegally applied by negligent and incompetent police officers of the Tallahassee Police Department. The ACLU and the Brayshaw’s did public record requests regarding Officer Annette Garrett and Officer Michael Dilmore in which they have a stack of complaints and lawsuits from citizens in Tallahassee. In fact, Officer Annette Garrett had a complaint from a citizen to Internal Affairs in which this officer was calling people from her office with the City Police Department and peddling Avon products while being paid by the tax payers. All of these complaints have been swept under the carpet by the buddy system of internal affairs with no action being taken at all against these corrupt cops. Furthermore, the public information that Rob Brayshaw legally posted on Ratemycop.com that led to his false arrest was actually published by Honorable Federal Judge Richard Smoak when he told the City Of Tallahassee and State Of Florida to bend over and stick the law up their asses where the sun don’t shine because we live in the Sunshine State. It’s time that these dumb asses remember that! The case took three judges, three prosecutors and four public defenders all within a year because of their jerk-off case that was robbery to the constitutional and civil rights to the tax payers. Rob Brayshaw’s Federal Court Order Can Be Read Here: http://www.aclufl.org/pdfs/BrayshawOrder.pdf This is the “Public Information” that these Dirty Cops, Prosecutors and Judges have attempted to criminalize and suppress with a false arrest and later sealings and redactions. It was re-published from The Leon County Courthouse Mortgage Records By Rob Brayshaw and then again By Honorable Richard Smoak in his order striking the law down on it’s face.
Brayshaw found public information about Garrett and, in addition to public records regarding the home she owned in Leon County, found her pe...