Tennessee Man Sues Police After Arrest Following Critical Video
A man from Tennessee, who found himself arrested during a pre-dawn raid after filming and criticizing a police officer, has taken legal action against the local police department. He alleges that his First Amendment rights were violated.
The lawsuit, filed by the Foundation for Individual Rights and Expression (FIRE) in 2023, targets the city of Kingsport, its police chief, and its officers on behalf of Joshua Gibbons. Interestingly, he just recently made the suit public, following a successful appeal that led to his conviction being overturned and the remaining charges dismissed by the Tennessee Court of Criminal Appeals.
“They tried to intimidate me, but I’m not backing down,” Gibbons expressed in a statement. “I can’t let this injustice stand, because my family doesn’t feel safe anymore. There’s no coming back from that raid on our home. They sent eight heavily armed officers to arrest me because I embarrassed them.”
This incident dates back to October 2022 when Gibbons recorded a Kingsport Police Department SUV driving at high speed without its lights or sirens, potentially breaching department policy and state law. He followed the vehicle and confronted the officer at a fast-food drive-thru, where he filmed a short critique of the officer’s actions.
“When he caught up with the officer, the officer did the right thing. He ignored Joshua Gibbons, didn’t arrest him, didn’t view it as a crime, and went and got his hamburger,” stated FIRE Senior Attorney Adam Steinbaugh.
Gibbons is known for sharing videos of police activities to ensure accountability. After the original encounter, he later posted a second video featuring an officer giving him the middle finger.
A complaint from a fellow citizen about the officer’s behavior prompted the department to investigate Gibbons’ YouTube channel for material they could use against him, according to FIRE. They discovered the video featuring their own officer speeding, but instead of disciplining the officer, Gibbons was arrested.
“The First Amendment protects the right not only to criticize and film police but also to post it online. The police department didn’t treat this as a crime until Joshua posted this online and embarrassed the department,” Steinbaugh remarked.
Actions taken by the department seem quite harsh. FIRE noted that just two hours after they learned of Gibbons’ video, they secured an arrest warrant against him for speeding, using a cell phone while driving, and disorderly conduct. Ashocking detail is that the warrant was obtained from a court clerk rather than a judge.
In a dramatic turn of events, around dawn the following day, eight armed police officers raided Gibbons’ home, arresting him in front of his elderly mother and daughter—just nine days after the video incident.
Gibbons then experienced a lengthy legal battle spanning nearly four years, culminating in the recent dismissal of charges by a Tennessee appellate court.
“That’s a long process that can take a mental toll on someone. I think that Joshua wants to send a message to this department. I think he wants to see some reforms to this department, and we’re happy to support him,” Steinbaugh noted.
During the first trial, a judge acquitted Gibbons of the speeding and cell phone charges but found him guilty of disorderly conduct, stating the judge was “offended by the way” Gibbons spoke to the officer. Gibbons appealed, and a jury ultimately upheld the disorderly conduct ruling. However, in June, the Court of Criminal Appeals unanimously reversed that decision, declaring there was “no evidence” that Gibbons’ criticism obstructed any lawful activities.
The court clarified that Gibbons “did not threaten anyone, did not engage in any violent behavior, and did not create a physically offensive or hazardous condition.” Importantly, it stated that even “profane and insulting” remarks do not equate to a crime, especially when directed at police officers who “are trained to tolerate a higher degree of criticism than the average citizen.”
In closing, Steinbaugh emphasized, “If you are a law enforcement officer, you are required by your uniform and by the First Amendment to tolerate criticism. Some of that’s going to be fair, some unfair. But you don’t get to go and arrest people for it.” Kingsport Police have not responded to requests for comment on the matter.
