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Articles Posted in free speech

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Does Flipping A Bird Count As Free Speech?

Board Certified Family Law Specialist Matt Arnold answers the question: “How is social media evidence used in divorce proceedings?”   When we think of arguments involving the First Amendment and free speech, we often conjure up images of brave people taking stands on important topics. There are a number of…

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Supreme Court To Consider North Carolina Law That Makes Social Media A Crime

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   Back in 2010 a North Carolina man was convicted of a crime and given a suspended sentence. Now, nearly seven years later, his lawyers are preparing to argue their appeal before the U.S. Supreme Court.…

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When Prosecutors Become Persecutors

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   A recent article in Bloomberg discusses the danger that comes when prosecutors become persecutors. Though everyone agrees it is important to obey the law, some prosecutors take the power to enforce our many…

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Sex Offenders and Social Networks

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   The U.S. Supreme Court has agreed to hear North Carolina’s law that bans registered sex offenders from using or even accessing any social media that allows those under 18 to post, which includes…

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Massachusetts teen charged after pressuring boyfriend to take his life

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”   A Massachusetts teenager has been charged with involuntary manslaughter after evidence was discovered that the girl sent text messages to her boyfriend encouraging…

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“Wings on pigs” post protected by First Amendment, says legal expert

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”   Americans are well informed of the facts—and the rhetoric—surrounding the high-profile police killings of Michael Brown in Ferguson, Missouri and Eric Garner in New York City this past summer. Most are just…

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Free-speech guardians worry man’s conviction may lead to criminalization of rap music

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   The Supreme Court entertained arguments this week in a case that could lead to the criminalization of some rap lyrics. The case involves a 31-year old “aspiring rapper who likes…

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