Thursday, April 16, 2026

First Amendment right to be. . . .

make your own joke. Follow-up to the first item in this post about the woman arrested in Alabama for wearing an inflatable penis costume at a No Kings Rally. She was acquitted in Municipal Court. Based on the reporting, the First Amendment never came into play--the judge took the case as a serious application of the laws at issue, opined that there was probable cause to pursue the charges, but found state law not satisfied beyond a reasonable doubt.

Her lawyer is considering a § 1983 action. She has her favorable termination. Now we see what happens (probably a settlement for some money and lots of attorney's fees).