David Justin Freeman
Elder Justin Freeman | |
|---|---|
 Freeman in 2017 | |
| Personal details | |
| Born | David Justin Freeman December 22, 1984 |
David Justin Freeman (born December 22, 1984) is a Christian minister and conservative political activist from the state of Georgia.
Political advocacy
[edit]Freeman entered the political world as a precinct chairman in the Hall County Republican Party in 2012, and that year served as a delegate for Hall County to the Georgia Republican Party's State Convention, where he argued in favor of strict constitutional construction regarding a party resolution on the National Defense Authorization Act for Fiscal Year 2012.[1] The next year, Freeman was voted in as chairman for the Georgia Ninth District of the Republican Liberty Caucus argued that the state party should abide very strictly by its established rules.[2] Freeman also took up a leadership role in the Lanier Tea Party Patriots, where he twice served as a master of ceremonies for their annual tax-day rally.
In April 2013, at a Lanier Tea Party meeting, Freeman and Hall County Sheriff Gerald Couch disagreed concerning the constitutionality of federal laws that Freeman claimed overstepped the bounds of the Second Amendment,[3] and in the following months filed several complaints to the Sheriff regarding his deputies speeding in patrol cars during non-emergencies, sometimes under particularly dangerous conditions.[4][5]
12Stone Church incident
[edit]On August 3, 2014, Freeman attended services with his family at 12Stone Church in Flowery Branch, Georgia, where he served as a volunteer minister to youths. On that day, Jason Berry (then pastor at that campus) displayed a video of a Staples commercial that portrayed children as being particularly depressed about returning to school while the parents celebrated. Freeman contended that he was displeased with the display because of youth in the church who had expressed suicidal thoughts in the lead-up to the new school year. In response, Freeman raised his middle finger to Berry. Freeman stated that it was his intention to object without disrupting the service, saying "I believe that I would have been failing in my duty as a minister to the church and God if I had not confronted Jason for what he said, and I believe that I did so in the most appropriate way possible." When the church service had ended, Freeman stood and addressed the crowd: "It is your responsibility to raise your own children, and it is a sin to give them to a godless government."[4][6][7]
Arrest, detention, and trial
[edit]According to testimony by multiple witnesses at Freeman's later trial, Freeman was arrested at his home by a SWAT team armed with semiautomatic weapons and accompanied by a K9 unit. At trial, the state denied that a SWAT team had been at Freeman's home, but the arresting officer on record, Mike Lusk, had been identified previously in The Gainesville Times as a member of the Hall County SWAT team.[8] Freeman later claimed in a lawsuit against the Hall County Sheriff Gerald Couch that after his arrest he was held nude in solitary confinement, threatened with death, and denied bedding and basic hygienic items (among other abuses) during a three-day stay at the Hall County Detention Center.[9]
In May 2015, charges against Freeman for "Obstruction" and "Disrupting a Public Gathering" were dismissed by Hall County State Court Judge Larry Baldwin, and the state replaced these with a charge of "Disorderly Conduct", with the state alleging that holding up a middle finger and shouting a political opinion in public represented a credible threat to life, limb, and health. Freeman was tried and convicted by a jury on January 11–12, 2016.[4]
Appeals and argument before Supreme Court
[edit]On January 18, 2017, Freeman's appeal was transferred by the Georgia Court of Appeals to the Georgia Supreme Court on the grounds that his free speech arguments raised a constitutional question over which the Court of Appeals did not have jurisdiction.[10] Oral arguments in the case were held on May 15, 2017, with Freeman representing himself, and Daniel SanMiguel representing Hall County.[4] Arguments focused primarily on whether Georgia's disorderly conduct statute is unconstitutionally broad, whether people have a constitutionally protected right to shout in a public place, and whether Freeman's conduct could possibly have violated the statute by representing a reasonable threat of harm. Freeman argued that the words "tumultuous" and "reasonable" are not clearly defined in the law and leave people to guess about their meaning. He also argued that the First Amendment protects ministers to speak controversial messages in their churches. SanMiguel argued that while none of Freeman's actions constituted obscenity or represented a reasonable threat in themselves, the actions taken as a whole represented disorderly conduct in their totality.[6][11]
On October 2, 2017, the court reversed Freeman's disorderly conduct conviction because his conduct could not have violated Georgia's disorderly conduct statute, and because the middle finger is protected speech.[12]
Lawsuit against Hall County sheriff
[edit]In August 2016, Freeman filed a suit in the Georgia Northern District court against Hall County Sheriff Gerald Couch and other employees of the Sheriff's Office, alleging that he had been subjected to abuses during his arrest and stay at the Hall County jail. Federal Judge Richard W. Story dismissed the suit without a hearing, stating that "neither a State nor its officials acting in their official capacities are 'persons'... On the contrary, states and their officials, acting in official capacities, are immune from suit."[9]
References
[edit]- ^ profg11 (11 November 2012). "TEA Party's Debbie Dooley STOPS GAGOP Anti-Obama Resolution - Ben Swann's "Reality Check"" – via YouTube.
{{cite web}}: CS1 maint: numeric names: authors list (link) - ^ RLCGAorg (20 May 2013). "Justin Freeman at the 2013 Georgia State Republican Convention" – via YouTube.
- ^ LanierTeaParty (19 April 2013). "Q&A with Sheriff Couch" – via YouTube.
- ^ a b c d "Cases Due For Oral Argument" (PDF). Supreme Court of Georgia. May 15, 2017. Retrieved February 4, 2023.
- ^ Trial Transcript, State of Georgia v. Freeman (2014-SR-5623-Z)
- ^ a b "Oral Arguments - May 15, 2017". Archived from the original on September 23, 2017. Retrieved September 22, 2017.
- ^ "Flipping the Bird Was Protected Speech, State Justices Rule - Daily Report".
- ^ "State's finest test their skills - gainesvilletimes.com". gainesvillelegals.com. Archived from the original on 2017-09-23. Retrieved 2017-09-22.
- ^ a b "Freeman v. Couch et al (2:16-cv-00186), Georgia Northern District Court". www.pacermonitor.com.
- ^ "David Justin Freeman v. State – CourtListener.com". CourtListener.
- ^ Land, Greg (May 17, 2017). "Justice Said What? 'You Always Get [to Flip] One Free Bird, Don't You?'". Daily Report. Law.com. Retrieved February 4, 2023.
- ^ "Freeman v. The State" (PDF). Supreme Court of Georgia. October 2, 2017. Retrieved February 4, 2023.