Tennessee Man Sues Police After Pre-Dawn Raid Following Criticism of Speeding Officer
Joshua Gibbons alleges his First Amendment rights were violated when officers raided his home days after he filmed and criticized a police car driving without lights or sirens.
A Tennessee man, Joshua Gibbons, is suing the city of Kingsport and its police department, alleging his First Amendment rights were violated when officers conducted a pre-dawn raid on his home following his criticism of a police officer's conduct. The lawsuit, filed by the Foundation for Individual Rights and Expression (FIRE) on behalf of Gibbons, comes after his conviction for disorderly conduct was overturned and the charges were dismissed by the Tennessee Court of Criminal Appeals.
In October 2022, Gibbons recorded a Kingsport Police Department SUV traveling at night without its lights or sirens activated, an action the lawsuit claims violated departmental policy and state law. He then followed the vehicle and approached the officer at a fast-food drive-thru, where he filmed a brief interaction criticizing the officer's driving. According to FIRE, the officer initially ignored Gibbons and proceeded to get his food.
Gibbons, who frequently posts videos of police on duty to hold them accountable, later uploaded a second video that showed an officer giving him the middle finger. Following a complaint about the officer's behavior, the department reportedly searched Gibbons' online content for grounds to retaliate. Instead of disciplining the officer involved in the speeding incident, police obtained an arrest warrant for Gibbons.
According to the lawsuit, within two hours of learning about Gibbons' video, an arrest warrant was secured from a court clerk, not a judge, for speeding, using a cell phone while driving, and disorderly conduct. The following morning, eight armed officers raided Gibbons' home, an event captured on security and cell phone footage, arresting him in front of his elderly mother and daughter.
Gibbons faced two trials. In the first, a judge acquitted him of speeding and cell phone violations but found him guilty of disorderly conduct. A subsequent jury trial also resulted in a guilty verdict for disorderly conduct. However, in June, the Tennessee Court of Criminal Appeals unanimously reversed the verdict and dismissed the charge. The court found no evidence that Gibbons' criticism prevented lawful activity, stating he did not threaten anyone, engage in violence, or create an offensive condition.
"The First Amendment protects the right not only to criticize and film police, but also to post it online," said Adam Steinbaugh, a FIRE Senior Attorney. "The police department didn’t treat this as a crime until Joshua posted this online and embarrassed the department." Steinbaugh added that law enforcement officers are expected to tolerate criticism, whether fair or unfair, and that arresting individuals for it is not permissible.
Kingsport Police have not yet responded to requests for comment regarding the lawsuit. Gibbons stated, "They tried to intimidate me, but I’m not backing down. I can’t let this injustice stand, because my family doesn’t feel safe anymore. There’s no coming back from that raid on our home. They sent eight heavily armed officers to arrest me because I embarrassed them."