Reply to States Response to Appellant’s Opening Brief



Want to create live streams like this? Check out StreamYard: https://streamyard.com/pal/d/6334069571584000

source

31 thoughts on “Reply to States Response to Appellant’s Opening Brief”

  1. You are unbelievably delusional. What I don't understand is why you don't see it? I have extensively studied and reviewed not only the American Constitution, but American law. Just don't understand how you can get sooooo much wrong. Do the entire world a favour and do something to prevent us from having to put up with your view of how REAL life works. Shame on you sir, shame on you!!!!!

  2. At 5:04 Chilli begins reading Section A of his reply and claims the case law cited by the State are based on time, place and manner restrictions. Chilli claims that they all confirm his right to film and asks how they help the State advance it's case. This is because Chilli does not understand that a sunny afternoon in a public parking lot, and wearing a bright blue hoodie is not how time, place and manner is used.

    In Chilli's appeal brief, he is claiming an unrestricted right to film police as he sees fit and because of this, it is not possible to interfere with a traffic stop. This requires the State to address two issues:
    1. Is 1A activity unrestricted as Chilli claims?
    2. If it is not, what restrictions are constitutional?

    To support the idea that 1A activity is not unrestricted, they provided cases that establish a right to film police restricted only by reasonable time, place and manner restrictions. Chilli is correct that these cases support the right to film, which the State has never denied, but doesn't appear to understand that time, place and manner restrictions that are content neutral and reasonably designed to minimize impact to a person exercising their rights are also constitutional.

    CASES CITED:
    Fields v City of Philadelphia states (“a First Amendment right to record the police does exist, subject only to reasonable time, place, and manner restrictions.”).

    Smith v Crummings states “[the plaintiffs] had a First Amendment right, subject to reasonable time, manner and place restrictions, to photograph or videotape police conduct.” Notice that Chilli restates this into "a First Amendment right to videotape and photograph police conduct."

    Turner v Lieutenant Driver states “a First Amendment right to record the police does exist, subject only to reasonable time, place, and manner restrictions”

    Askins v US Dept of Homeland Security states "the First Amendment right to record matters of public interest is subject to reasonable, content-neutral, time, place, or manner restrictions." Chilli claims this does not support the state.

    ACLU v Alvarez states “Nothing we have said here immunizes behavior that obstructs or interferes with effective law enforcement or the protection of public safety.” Thus, “While an officer surely cannot issue a ‘move on’ order to a person because he is recording, the police may order bystanders to disperse for reasons related to public safety and order and other legitimate law enforcement needs.” It is unclear how Chilli failed to see this as it was part of the holding rather than the dicta he cited.

    Glik v Cunnife states “the right to film is not without limitations. It may be subject to reasonable

    time, place, and manner restrictions.” Chilli further notes the court included the fact Glik was about 10 feet away during his filming of an arrest.

    As long as the reason to order Chilli to move back is not related to his filming activity, there is no 1A right that let's him ignore the order. At a traffic stop (place) during an active investigation (time), Chilli was too close and ordered to move back which the State argues is a reasonable place restriction based on officer safety concerns and supported by ACLU v Alvarez.

    After these citations, Chilli spends the next page and a half arguing that the Constitution and federal case law grant the unequivocable right to film police officers. Then he goes into detail on the social impact of the filming of Rodney King and George Floyd and opines that if the cop had been beating the driver to death, he would be hailed as a hero for filming it from a distance of ten feet.

    He then wraps up this section by forgetting everything he just said about the right to film and concludes that the real reason for his arrest was his provocative and challenging language. He claims this is proven because a cursory review of body cam footage would show the cop became enraged and advanced towards Chilli because he was insulted, not afraid.

    The problem here is that the cop was wearing the body cam and doesn't show his face, so Chilli probably was referring to his own cellphone video footage. Chilli did request the ability to submit additional evidence claiming ineffective assistance of counsel but for some reason still did not include his own footage. Instead, he only submitted still photographs of the spectators of the George Floyd murder to demonstrate their distance from George Floyd at the time of his death.

    I can not explain why he would spend so much time arguing his right to film and then conclude that he was arrested for insulting the cop. Wasted pages.

  3. This mental midget was not unjustly arrested, he was put exactly where he should have been put a very long time ago. He some how avoided jail when he should have already been there but he is now starting to pay for his crimes, and he will get more jail times in the future because that is who he is.

  4. We all know how corrupt the judicial system and the cops have become in this country. They control the narrative and they constantly interject their opinions into the case and ignore facts. A perfect example of what was done to CFW….when she was knocked out and the cop was calling her, resisting. Everyone knows you can’t resist when you are knocked out.
    This nonsense is pulled on almost everyone, at some level, in every criminal case.

    You know why we know these facts now???? Because of video, and that’s why they hate cameras

    And they have people thinking that videoing an event is obstruction.

    Next we will be arguing about inches, then fractions.

    This is about control and proves this Country is nothing but garbage and an extortion racket.

  5. I'm kind of even confused by this 10ft rule. I understand Chile doing it as a personal rule, but I wasn't aware of a law. AZ tried to impose a 8ft law and that was struck down. Is this just some Nevada thing?

  6. Its funny what a bully chille is ,,throughout his videos he uses the word lawsuit as a intimidating factor,,,not for justice but as a bullying tactic,,fun fact hes never won one ,his big mistake is trying it with this judge,,,all his past actions are catching up with him ,,,most of the other auditors really dislike him and his tactics,just remember its all your money he uses ,,,,

  7. They did the same thing that happened to you to Trump. It's a shame what's going on with our judicial system. I have a feeling they are going to throw President Trump in a cage.
    Right before his convention.

  8. I'M GLAD YOU GOT THE MESSAGE! FROM THE FIRST SECOND I WAS SCREAMING ABOUT THE OTHER CAMERAS FILMING BUT HER N9T WANTING TO BE ON ""YOURS"" CLEAR BIAS AND PREJUDICE WITHIN THE FIRST 60 SECONDS (that statement alone should've reversed this but, believe our words not your eyes!!)

  9. Wrong constitution, you read constitution of the United States,the correct constitution is The Constitution for The United States of America one is to the corporate the other is for the country

  10. ✂️Public Service Announcement! ✂️
    Please remember to Spay & Neuter bootlickers!
    Only you can prevent stupid dna from spreading. Praise Jesus, E pluribus unum Nostradamus Amen 🙏

  11. Horrible brief… It's a sleeping pill…
    I'm still waiting for someone to mention the fact that 98% of the interaction was after the stop was over and the stopped had already left the scene!
    The law isn't going to save anyone! There needs to be a story teller bringing down so that a child understands it…
    This brief is like grandma buying a car and the salesman keeps talking about gear ratios!

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top