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Date: | Wed, 2 Apr 2003 09:26:03 -0600 |
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Court dismisses case against man who barked at police dog
<snip http://www.opinionjournal.com/best/?id=110003280>
A state court has dismissed charges against Jeremy Gilchrist, who "answered the barks of Pepsie the dog," the Associated Press reports from Athens, Ohio:
Gilchrist, then 21, encountered the dog, who was in a police cruiser, as he walked with friends.
His attorney said he was trying to be funny when he barked back.
"The mere fact that the police dog had commenced the barking did not entitle it to a solo performance," attorney Patrick McGee wrote.
State law makes it illegal to taunt, torment or hit a police dog or horse. Officer Krishea Osborne testified that Gilchrist's barking made the dog "work himself up into a frenzy."
The Fourth Ohio District Court of Appeals held that Gilchrist was exercising his constitutionally protected freedom of speech. This right, of course, is not absolute; you still can't yell "Arf!" in a crowded theater.
<end snip>
Full article
http://www.startribune.com/stories/1451/3793399.html
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