Brandon Pinney Victorious in Court in Free Speech Case vs NH State Police

Brandon Pinney Fuck Cops

Brandon Pinney Awaits Trial in a “Fuck Cops” Handmade Shirt

After being found guilty last year in Keene District Court of “disorderly conduct” for telling state police to “fuck off”, NH-native Brandon Pinney appealed to a jury trial. I’m happy to announce that thanks to a hung jury, Brandon is victorious, as the state has decided to not retry the case. In an email, Brandon says:

Just letting you know that the deadline has passed for the state to retry me and the hung jury stands. While i am disappointed I was not fully exonerated i am glad and fortunate that in my case a jury of my peers was able to see that the situation did not unfold as the state presented it.

For the full initial district court trial video, you can check out this post. At the time, he heroically wore a “FUCK COPS” homemade t-shirt into court. Free speech includes the right to say unpleasant things to government officials. The district court judge, Edward Burke, was wrong to uphold the charge against him and it was good to see some jurors could see the situation clearly. This is a clear free speech issue, and in the long run the state would have lost in its own courts. Brandon stated further:

I also want you to know that I don’t regret wearing my shirt. I am more than a little troubled that my arresting officer initially served as the prosecutor. I believe that a county prosecutor would have declined to take up the case after reading the witness statements. Some of the statements made by the ranger, the fish and game officer and state trooper, as well as their testimony at trial, were impeached and this fact demonstrates the weakness of their case. It is unfortunate that things ever went as far as they did the day I was arrested and in the ensuing legal process.

To learn more about jury nullification, your right to judge a case based on your conscience, please visit NHJury.com. Congratulations to Brandon on his win, thanks to the jurors who voted not guilty, and sorry for the belated update on this important case!

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13 Comments

  1. Popular speech needs no protection.

  2. This is a major win for what? He was initially found guilty then wastes time and money to get everything thrown out. I’m sure if it was worth the time, money and the punishment was worth it this may have gone a different course. It sounds like the state got their justice because for a whole year, he was guilty. It doesn’t sound like a win for him. To bad freekeeners don’t have enough respect and maturity for themselves not to insult people or what they do for a living. Why doesn’t he make a
    “F-ck Keene” or F*ck Harley Bikers” and see what happens. Hypocrites.

  3. What month and year did the arrest happen?

  4. How the hell are they hypocrites? Your argument makes no sense. This guy fought dor his rights and eventually won. Yes, this is a win. What, it’s not a win because it took a year to get it? That’s bullshit.

  5. jumping jacks sucks a whole lot of dick, at this point he just shits congealed logs of digested semen.

  6. Scott Prevett. No, it wasn’t a win. It was a waste of time and money which the taxpayers had to pay for. That includes you and me. The guy dresses like a fool. Of course it’s going to get some attention. As I said before, he was convicted a year ago and for a year, he was guilty. If he were given probation etc… it would be done by now. That is not bullshit.

  7. So what you’re saying, Jacks, is that your dear friends in Keene District Court were showing sound judgment when they decided to waste taxpayer resources on this only to sheepishly give up once they encountered a hung jury? Some justice. Victimizing an innocent man while making the rest of us pay for them to do so. It’s a shame Keene bureaucrats won’t ever have to pay back any of the money they wasted on this farce.

  8. If you’re so concerned for the taxpayers, Jacks, then why don’t make a call to our dear friends at the Keene District Court, and ask them to pay back what they spent on this?

  9. Winning an appeal is, um, a win. The prosecution failed and is responsible for the cost, not the guy that fought for his rights and never hurt anyone in the process.
    Could have been dropped at any time.

  10. I’ve seen the part of the trial video previously. Got bored quick and stopped watching. It sounded like this was a speeding ticket trial. It wasn’t. I had to go back and watch the whole thing again to understand just how ridicules and outrageous it was.

    It was very clearly a free speech case. The description of the incident by government officials seems ridicules and was clearly biased. The case should also have been won because in order for him to have acted in a way that constitutes disorderly conduct there has to be someone other than the official involved complaining. They testified to the effect there was nobody nearby in spite of saying there were other people at the dam.

    If I understand correctly there was another trial that occurred with a jury. It sounds like nobody filmed it or it’s not linked here in the article. If it were posted somewhere I’d be tempted to watch it.

    As far as not winning is concerned I only half-agree. I think this was a win from a free speech stand point, but barely. What it does is it encourages people to speak out even where they know the police will charge them with disorderly. In fact prior cases that we’ve won (and won lawsuits over) or basically won (ie won at the jury stage) have pushed other activists to further the fight for freedom.

    The next step for activists is to start bringing lawsuit after lawsuit against the police until they straight up- or otherwise fund our cause. I already know of a few cases that are getting underway which are pretty solid for wins in spite of lawsuits being hard to bring against police. I’m doubtful this particular case is a good case for a lawsuit given the lack of evidence (ie we have no video to demonstrate the abuse here), but that isn’t the case with multiple other incidents of police violating peoples freedom of speech rights in New Hampshire.

    It’s already apparent that police in certain areas are more cautious or outright scared of us activists. Not all cities, but many. There is one city that isn’t scared and I put the blame partly on the activists and partly on the cops. The activists are too chicken-shit to stand up and fight which has resulted in worsening conditions, but on the other hand that city is a terrible place to be arrested in New Hampshire. Everything is set against you. Fortunately outsiders have stepped up to the plate and will be coming to the rescue. Stay tuned to Free Keene for the coming show… and police be warned: Not every activist folds or lacks the stamina to fight back and some of us will hold you accountable.

  11. Jumping Jacks I was not aware that this guy is a FreeKeener. He is a NH native. Is he associated with Free Keene?

  12. Courts should not be able to criminalize wearing clothing in court that has words on it that the court or others find offensive.

  13. @HRearden

    As you can see, conformity of opinion is very important to Jacks. That’s why donates so much of his free time making sure everyone else knows that only his goals are of importance.

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