Ohio man’s lawyer argues Facebook post was free speech

The 20-year-old Columbia Station man accused of using social media to cheer on the gunman who killed 20 children and six adults at the Newtown, Conn., elementary school is asking that a criminal charge filed against him be dismissed, citing free-speech protections.

Medina police charged Joseph W. Resovsky with inducing panic after he posted “im so happy someone shot up all those little (expletives). VIVA LA SCHOOL SHOOTINGS!!!!” on Dec. 14, the day of the killings.

Resovsky filed a motion Wednesday in Medina Municipal Court asking Judge Dale Chase to dismiss the charge, a first-degree misdemeanor punishable by up to 180 days in jail and a $1,000 fine.

“This charge clearly abridges the Defendant’s freedom of speech and quite possibly freedom of the press as this post was published on Facebook,” Resovsky, who is representing himself in the case, wrote in the motion.

Resovsky argued that his Facebook post did not cause a panic, and therefore, did not violate Ohio law.

“This action, while in bad taste, in no way constitutes an offense,” he wrote.

“The Defendant is permitted to express his feelings publicly. This right is guaranteed by the United States Constitution and the Ohio Constitution.”

Source

This may have been a deliberate provocation.  He would seem to be within his rights anyway.