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Courts and Crime

Facebook poster asks for charge to be dropped
Joseph Resovsky charged with misdemeanor for encouraging Newtown, CT shooter via Facebook

Kabir Bhatia
In The Region:
A 20-year-old Lorain County man, who used Facebook to cheer on the Newtown, Connecticut shooter, is asking for the charge against him to be dropped.

Medina police charged Joseph Resovsky with inducing panic after he posted a message that read, in part, “Viva La School Shootings” on the day of the killings.

Representing himself, Resovsky filed a motion this week in Medina Municipal Court, saying the misdemeanor charge violates his right to freedom of speech.

J. Dean Carro, a law professor at the University of Akron, says the First Amendment encourages speech.
Facebook poster asks for charge to be dropped

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“Even speech that we all would say was ill-advised just was downright dumb. What the First Amendment does not protect, is if your statements could be perceived as a clear and present danger, that that could be the subject of a prosecution.”

Resovsky says he was simply tired of reading posts about the shootings and wanted to see what the response to his would be. He argues that his post did not cause a panic. He also claims Medina Municipal Court does not have jurisdiction in his case, because he wrote the Facebook post in Lorain County.

An arraignment is scheduled for Jan. 9, and Resovsky faces up to 180 days in jail and a $1,000 fine.
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