Yesterday, i had transit police and transit security at "centro plaza", via's main bus station in san antonio, ban me for 24 hours, physically push me, grab my wrist, and threaten to arrest me, for saying "fuck you" to them, and initially refusing to leave. They said profanity is prohibited, and that centro plaza is private property. They said it would be a felony if i hit back while being arrested.
Via is a government/state entity. https://en.m.wikipedia.org/wiki/VIA_Metropolitan_Transit
As far as i can tell, scotus has said airports are not public forums, but has not decided for bus stations.
I'm under the impression that "Wolin v. Port of New York Authority" would suggest that bus stations are traditional public forums, but that applies in the 2nd circuit, not in texas.
I'm a free speech absolutist. Scotus is not. But i believe even under current case precedent, that via transit police and transit security violated my rights to free speech by banning me from the plaza in response to "profanity", speech they didn't like, and eveything that followed on from that, including physically touching me.
What about travis park? Scotus has said that parks are traditional public forums. Travis park is both a park and a concentration of via bus stops. What about via bus shelters on the streets? Scotus has said streets are public forums. What if i wore a shirt that said "fuck the police", and tried to board a bus?
Any thoughts?
I don’t know if the US has “disobey lawful order” laws or equivalent but that’s not covered by speech and I’d be surprised if they didn’t. Randomly swearing at people is not a great idea. If it’s private property they can ban you for whatever they like.
Is the plaza not private property? I suspect you already have your answer. Regardless there’s a reason swearing at police in the US is dumb. They can just do you for disorderly conduct or they may constitute “fighting words” which is criminal conduct. As is swearing in front of minors. While people who own the plaza may not ban you for swearing per se they can and will ban you via existing avenues for doing so.
Resisting arrest or striking police (or people in general) is illegal and not protected by free speech.
As someone who’s is particularly critical of US policing this is just dumb. Even people who agree with the sentiment are likely to think so. Picking a fight with people who have fuck all accountability and have the legal power to fuck up your life is just not great in terms of life choices. Taking issue with the police is fine, engaging in criminal conduct to express that will only hurt you and likely make your life worse.
No, it is not private property. It is a public bus station, operated by via, which is funded by sales tax, and is run by a board of trustees appointed by the city and the county.
Disorderly conduct is not an exception to free speech. Fighting words are an exception, according to "Chaplinsky v. New Hampshire". But that atrocious decision has been significantly limited since, as summerized on wikipedia. https://en.m.wikipedia.org/wiki/Fighting_words
No, that isn't criminal.