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Tyr-Ziu Saxnot
04-20-2020, 07:24 AM
https://www.yahoo.com/news/sheriff-threatened-jail-teens-family-212223819.html

U.S.
Sheriff threatened to jail teen's family if she did not delete Instagram posts about coronavirus, lawsuit says
Patrick Marley, Milwaukee Journal Sentinel
USA TODAYApril 18, 2020, 4:22 PM CDT
MADISON, Wis. – A high school sophomore sued the Marquette County sheriff Thursday after he threatened to take her or her family to jail for her post on Instagram warning that she believed she had been infected with coronavirus.

The lawsuit, filed in federal court in Milwaukee with the help of the conservative Wisconsin Institute for Law & Liberty, argues the jail threat violated the teen’s right to free speech. The case raises questions about First Amendment protections in the middle of a pandemic.

Amyiah Cohoon in March took a spring break trip to Florida with the Westfield Area High School band. The students returned to Wisconsin on March 15, earlier than planned, because of the coronavirus outbreak.

Four or five days later, Amyiah fell ill and eventually had trouble breathing. She was taken to hospitals in Portage and Madison over the next week. She tested negative for coronavirus on March 25, but doctors told her she likely had the illness but had been tested too late to get a positive result, according to the lawsuit.

Related Video: Protests Draw Thousands Over Stay-at-Home Orders

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She posted three messages on Instagram about her situation – one saying she wouldn't be back for a while because she had coronavirus, one saying she might have to stay in the emergency room and one with her wearing an oxygen mask.

"I am still on breathing treatment but have beaten the coronavirus. Stay home and be safe," she wrote in the last post.

On March 27, Sgt. Cameron Klump visited the girl's home and told her father, Richard Cohoon, that Sheriff Joseph Konrath told him to get the latest Instagram post deleted or “start taking people to jail,” according to the lawsuit. Klump said the family could be cited for disorderly conduct as well.

Klump told Cohoon the sheriff wanted the post removed because there were no confirmed coronavirus cases in the county at the time. He said he was acting in part on a complaint from school authorities, according to the lawsuit.

Amyiah deleted the post, as well as one of the earlier ones. The third post had automatically deleted after 24 hours.

Earlier on the day of the sergeant's visit, Westfield schools District Administrator Bob Meicher sent an update to parents saying there was “no truth” to a rumor that a student had contracted coronavirus during the band trip, according to the lawsuit.

“This was a foolish means to get attention and the source of the rumor has been addressed,” he told the parents. “This rumor had caught the attention of our Public Health Department and she was involved in putting a stop to this nonsense. In times like this, the last thing we need out there is misinformation.”

Meicher did not immediately respond to questions Thursday about how the district handled the issue.

Sam Hall, an attorney for the sheriff, said the teenager "caused distress and panic" among other parents by claiming she had contracted the coronavirus despite getting a negative test result.

"This case is nothing more than a 2020 version of screaming fire in a crowded theater," he said, referring to speech that is not protected by the First Amendment.

"It is unfortunate that the plaintiff brings this lawsuit now, while law enforcement should be able to focus solely on the public health crisis that we currently face," Hall said. "However, we plan to mount an aggressive defense to this lawsuit.

The lawsuit seeks what it calls “nominal damages” and an injunction barring the sheriff from arresting, jailing or citing the family for engaging in free speech.

Follow Patrick Marley on Twitter: @patrickdmarley.

This article originally appeared on Milwaukee Journal Sentinel: Coronavirus: Wisconsin sheriff threatened jail over Instagram post


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dino
dino23 hours ago
it has been brought out many times that the testing is not one hundred percent accurate. maybe down the road when they get better testing they might find that she has the antibodies that comes after the infection is gone. she very well could have been infected and had one of the more mild versions where she was treated for a breathing issue. sounds to me like the area is really over reacting to this whole thing. if the area was so pristine and infection free then they should have had plenty of tests to check all of her contacts and just shut it down that way by publishing the fact that all around her have been cleared of infection. end of story. no they went on qa witch hunt and created a panic where none needed to be no matter what she posted online.

personally I think both my son and I have had it. we though have been unable to get tested as we have not had a fever. he has been working everyday since it was discovered and we both had a bout with a cough that sounds exactly what they are talking about. I am high risk and have not been out of the house since February but he has been and comes in contact with people all day long without any protection. he has been exposed as his boss has it and his case is confirmed. now does that mean that because I disclosed this I am causing a panic? think not. what I am disclosing is that they have stopped trying to trace this thing. that unless you are critically ill they gave up being concerned on the exposures.
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ReplyReplies (50)66248
dakotaviper
dakotaviperyesterday
Wow. So when did the Police and School Officials become experts on this Virus. Medical Professionals actually informed her that she probably had the Virus, but was tested too late. From what we've been told over and over, asymptomatic people do not get this virus full bore. Meaning that a ventilator is used to keep you alive. Most will get a mild case of it. This has been told over and over.

ReplyReplies (122)1,985124
Todd
Toddyesterday
Yeap this is the way it works in some places. Here in rural TN the next county STILL claims not a single case. And my county says 2 cases, when I know me and my son had it, the neighbor and his wife. And you cannot get tested here at all, how they can claim, no cases.

ReplyReplies (88)1,25858
j
jyesterday
The family should have requested the sheriff provide his command in writing to them.

ReplyReplies (33)76737
lazarus
lazarus22 hours ago
Looks like the Sheriff and School Board have created a lot more publicity over this than the girl could have attained on her own. If they had said nothing at all, the posts would have disappeared on their own. Now it's on the Internet Forever. As the great Vulcan philosopher once noted: "“It is curious how often you humans manage to obtain that which you do not want.”

Reply2174
Jim
Jim20 hours ago
"This case is nothing more than a 2020 version of screaming fire in a crowded theater," he said, referring to speech that is not protected by the First Amendment."

This is a false assertion. The oft cited example is meant to demonstrate that the First Amendment does not always protect you from the consequences of your speech - you could be cited civilly or criminally for inciting a riot, for example. The speech itself, however, is always protected. You can't be charged for speaking.

The sheriff is going to be hard pressed to prove that her post could have violated any law against incitement. This is the internet, after all. Nobody takes what they read at face value. Since no actual panic ensued then the sheriff's actions could be seen as prior restraint, or an order to suppress speech because of the belief that it might cause harm. I think the sheriff is going to lose this one.
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ReplyReplies (15)23916
Cactus Pastor
Cactus Pastoryesterday
Sorry, sheriff, but the 1st Amendment ISN'T suspended during a crisis. She had reason to believe she had contracted the corona virus and was told so by a doctor. But, even if she hadn't, it was her right to post. Now, if the sheriff could show that she was, indeed, crying "fire" in a crowded theater, he might be able to have her posts removed, but a court would have to decide that, not him. ...and the follow up message that she was just seeking attention, that was over the top. I would also sue for defamation by the school, sheriff and county health...and for a LOT.

ReplyReplies (58)1,04753
Christopher
Christopheryesterday
my wife tested negaitive 18 days after her symptoms(that is the first time she could get tested). She had classic horrendous symptoms..she went to ER twice and hospital at that time didn't have tests.BUT her lung xray showed the virus..so she had it but has no concrete proof she did...and I had very little symptoms and my test was positive...strange and scary..

ReplyReplies (34)52614
Billie
Billieyesterday
If the doctor verbally told her that she was likely infected then she should post that info to others. The school and the police are totally in the wrong on this.

ReplyReplies (105)2,160153
FixFireLeo
FixFireLeo22 hours ago
If the doctors told her that she might have been tested too late, then she has the right to say that and she will win the lawsuit. If she made it all up, the still has a constitutional right to free speech however the city has the right to stop her from spreading panic. The city does NOT have the right to jail her family, however. Heads need to roll over this. The investigation will show who's head...hers or the Sheriff/Health Department/Schools.

ReplyReplies (3)1017
Jonathan
Jonathanyesterday
Unless the attending physician has deemed her as never having contracted the virus, then everyone else needs to stand down. The sheriff has no medical insight into her individual case and deserves this lawsuit as a means of ensuring that her rights are protected. If she is simply seeking attention and the physician attests that he never stated such, then punish her accordingly.

ReplyReplies (41)86865
Jane
Janeyesterday
I do believe, and I'm not a legal expert, the Sheriff was wrong. Further, this coronavirus isn't a political football, what was it to the school if she posted on social media?

ReplyReplies (48)1,19860
Ryan***
Ryan***yesterday
The Sheriff made a mistake here, he should have 'asked nicely' for them to remove the post and explained the situation...he has no authority to demand the post remove under the threat of arrest, they will lose this case and should...

ReplyReplies (43)72142
Witness
Witnessyesterday
As usual the police and schools are wrong about the law. You can't throw people in jail for this. Freedom of speech is pretty clear on that one. It would have been grossly irresponsible for this girl not to post what she did given the nature of the circumstances. Schools should not even be allowed to file a complaint about something like this and the police certainly should not follow through on it if they do.

ReplyReplies (8)16510
SkylineGTR34
SkylineGTR34yesterday
My sister in law had a test that was inconclusive and they told her it's considered a positive result and that she had to isolate herself from others.

ReplyReplies (21)56813
Alexx
Alexxyesterday
“Sheriff threatened to jail teen's family if she did not delete Instagram posts about coronavirus, lawsuit says”
It appears that the sheriff needs to be replaced.

ReplyReplies (34)1,17656
chief
chiefyesterday
is the sheriff aware that conspiracy to commit an unlawful arrest is a felony?

ReplyReplies (42)93640
madman16
madman16yesterday
The Sheriff and school official should lose their jobs! The goal should have been to protect life and limb not worry about the school reputation! Also the Sargent that responded to the house should be reprimanded for delivering a message he knows was unlawful!

ReplyReplies (2)935
JimGL
JimGLyesterday
Clearly, an editing problem. Here I FIXED it!.

On March 27, the (North Korean, Russian, Chinese) authorities visited the girl's home and told her father, Richard Cohoon, that the (North Korean, Russian, Chinese) Sheriff told him to get the latest Instagram post deleted or “start taking people to jail,” according to the lawsuit. Klump said the family could be cited for disorderly conduct as well.

ReplyReplies (14)24438
Brian
Brianyesterday
As a retired police officer from one of the biggest agencies in America, I find this troubling. That Sheriff needs to retire if he thinks it’s appropriate to control a post like that on social media.

ReplyReplies (4)96
Bruce
Bruceyesterday
The school district was CYA mode and was using the sheriff's department to intimidate this girl and her family to keep them quiet. The trip to Florida would have looked very bad for the school district so they would violate the civil rights of the student and her family rather than let other students know they could potentially be at risk.

ReplyReplies (3)60
Jay
Jayyesterday
Its good they filed a lawsuit. We need more people willing to take the trouble to stand up for free speech or we will keep gradually loosing these important freedoms.

ReplyReplies (14)59133
Lucy
Lucyyesterday
Amiyah Cohoon may need more protection. The Klump guy and the school are way out of line. Parents and their children need to know the warning Amiyah gave. It's important to stop the schools and governments from trying to silence people for speaking out the truth whether it's on social media or on TV. I hope Amiyah and her family win the lawsuit.

ReplyReplies (4)1607
T
Tyesterday
Thank you sheriff. When all this is over, the Cohoon family won't need that $1200 check from the government. They're going to sue your pants off for violating their civil rights. If the family was told the doctors or she has good reason to suspect, she contracted the virus, then it's free speech. What difference would it make if she was infected since in theory, everyone is under stay-at-home orders? If everyone follows the science, stays put, then everything will be ok in a short matter of time.

ReplyReplies (1)731
Something else
Something elseyesterday
This was easy, don't answer the door, and make the sheriff get a warrant. No judge in their right mind would grant a warrant over some internets mumbo jumbo.

ReplyReplies (1)351
No Name
No Nameyesterday
Sam Hall, an attorney for the sheriff, said:
"....law enforcement should be able to focus solely on the public health crisis that we currently face"
Exactly, instead of threatening a teenager with jail over a social media post.

ReplyReplies (17)67737
BobM
BobM23 hours ago
It's a freedom of speech issue and the sheriff way off bases and should be sued. Beyond that she did have a disease and based on the symptoms it likely was the Covid virus. Test come back negative all of the time, it means little , and it was explained. Plus the Sheriff can show no damages to his department or to the community.

ReplyReplies (1)13
UnicornFlyers
UnicornFlyers21 hours ago
Maybe law enforcement should have been focused on that all along rather than going after a girl for a post that stated an opinion based on what her medical professionals had told her, rather than the sheriff's desire to keep the numbers down. Hope she wins.

Reply15
mazeo
mazeoyesterday
"The case raises questions about First Amendment protections in the middle of a pandemic."
No there's no question that her First Amendment right was violated.

ReplyReplies (8)21110
bigdaddyyea
bigdaddyyeayesterday
I believe I would have allowed my family to be arrested and then come at the police department with a battalion of lawyers.

ReplyReplies (2)613
TheGreatApe
TheGreatApeyesterday
"...while law enforcement should be able to focus solely on the public health crisis that we currently face."
How about law enforcement focus solely on crime. They're not doctors.

ReplyReplies (1)41
JF
JFyesterday
The sheriff and administrator better get their resumes ready. They will be looking for jobs soon. It’s a shame that anyone, much less these two officials would try and stifle this young girl. What the administrator and sheriff did was akin to telling people “it’s ok to go inside a burning building, you’ll be safe in there”.

ReplyReplies (6)925
Jeff W
Jeff Wyesterday
I would have told the cop to go fckhimself and that if he tried to enter my property or arrest my child for their first amendment rights, they would be met with resistance that would require a lot of body bags. You do not get to suspend my rights because we are having a bad "flu"year.

ReplyReplies (10)539
Chris
Chrisyesterday
I am a Respiratory therapist. At my hospital we have had many patients test negative 2 and 3 times and then test positive. And even though they tested negative they had the symptoms and were treated as positive so PPE was required to see them and thank God or we would have been exposed. We have also had patients on our “ clean” floors who were not showing any symptoms become symptomatic after being in the hospital a few days and we were exposed. A number of nurses have become positive because of this. I believe fully this girl had it. Sounds like this sheriff went to Trump U., where you become a self proclaimed expert on everything and a master of none.
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ReplyReplies (47)26178
Jam
Jamyesterday
Speaking of deleted posts...my last comment was deleted.

ReplyReplies (39)26348
onward
onwardyesterday
In rural eastern Oregon there is a belief among far right conservatives that the Sheriff is the Supreme Leader in the county over state laws, state police, and local police. They keep spouting off that if gun laws are passed such as universal background checks the rural counties will be immune to it because the only one that can enforce the law is the Sheriff. And most of the rural counties have what are called Constitutional Sheriffs and many of them mistakenly believe they are the law of the land. Many backed the Bundy's when they took over the refuge. One of the Sheriff's deputies stopped me awhile back for something I disputed. He wanted to see my insurance card so I started to pull it up on my Geico app. He told me to stop, that it was the law in Oregon you had to have a paper card in your vehicle and told me to go home and do my homework. Well I did and sure enough in Oregon you can show your insurance on a phone app. I am thinking the Sheriff in the story from above is from the same clothe.
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ReplyReplies (3)12021
TwoInHarrison
TwoInHarrisonyesterday
LOL they can't arrest someone for an Instagram post, this isn't Russia, yet...

ReplyReplies (24)33636
DavidC
DavidCyesterday
Then the police should follow the law then. Hopefully she wins, and if I was on that jury, it would be more than nominal damages. I would award $5M to her!

ReplyReplies (7)8816
idiocracynow
idiocracynowyesterday
First amendment questions in the middle of a pandemic? Seriously? There is always some emergency out there, real or manufactured. That is why our founding fathers were intelligent enough to provide these rights regardless of the situation or climate. These rights are guaranteed, no ifs, ands, or buts. There are no exceptions.

ReplyReplies (6)889
N
Nyesterday
I am glad the student put the story on Instagram and even happier that ot got so much publicity with the sherriff threatening to put her in jail. There are too many things that do not make sense in this story. Why would the doctors tell her she might have the virus but treated negative because she tested too late? Why does the sheriff think it even remotely constitutional to threaten her with jail due to an instagram post? Teenagers put all sorts of things on social media and only really foolish people would take this as the gospel truth. Next this is not China, where people are arrested for spreading rumors. If that were the case more than half the people in this country would be in jail.
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Perfect example of utter stupidity or else complete disrespect for our eight of freedom of speech. This sheriff should be immediately removed from that position if the details given in this article are true. Sheriff and all involved on that end should be charged with conspiracy and action taken to deny that girl her Constitutional right to free speech. How anybody that is not a complete moron can not see that this is the case as it now stands, amazes me.-Tyr

Tyr-Ziu Saxnot
04-20-2020, 07:30 AM
Perfect example of utter stupidity or else complete disrespect for our eight of freedom of speech. This sheriff should be immediately removed from that position if the details given in this article are true. Sheriff and all involved on that end should be charged with conspiracy and action taken to deny that girl her Constitutional right to free speech. How anybody that is not a complete moron can not see that this is the case as it now stands, amazes me.-Tyr

I think both the girl and her family members that were threatened should each sue for the intimidation ,etc.
I'd say at a rate of at least 5 million dollars per person..

Far too many people in positions of power are crapping on our Constitutional rights,
and the Dem party gives full support for that action to be taken as it fits right in with their agenda....--Tyr