He Was Targeted by Police for His Political Speech. Now, He’s Suing. – Reason
In August of 2021, approximately eight East Cleveland Police Department officers descended on the home of William Fambrough. His alleged infraction: a parking violation.
Or so they said. But Fambrough's story is much more insidious than that. It involves some serious alleged First Amendment transgressionscarried out by the government, not Fambrough.
The 74-year-old East Cleveland man had the audacity last year to promote a challenger to Brandon L. King, East Cleveland's mayor. Fambrough used his step vansomething he'd employed many times during the course of his long-running political advocacyto instead campaign for Juanita Gowdy, an East Cleveland city councilor who had a reputation for criticizing both King and law enforcement. Fambrough's media company produced advertisements for Gowdy, and he displayed Gowdy's likeness on his van while driving around playing recorded endorsements from East Clevelanders.
That didn't sit well with police, who began leveraging obscure municipal ordinances to criminalize Fambrough's behavior and paralyze Gowdy's campaign. Their visit to his home in August of last year was not their first, as they repeatedly harassed him for the crime of parking his van on the street. They ultimately towed the vehicle and caused thousands of dollars in damage in the process, kneecapping his ability to promote Gowdy's candidacy in the final stretch of the primary.
That ordinancewhich prohibits parking "a truck, commercial tractor, trailer, semi-trailer, a motor home or recreational vehicle" in a driveway or on a residential roadis almost never used, if ever. Between January 2016 and May 2022, the city hadn't enforced it once, according to a records request detailed in a civil rights lawsuit filed this week by Fambrough in the U.S. District Court for the Northern District of Ohio.
Yet no one could have made that more clear than the cops who initiated the tow and subsequent property destruction, as they turned a blind eye to a van violating the same ordinance about one or two houses down. They also cited Fambrough for "noise pollution," despite that he'd obtained a permit from East Cleveland's own police department and that the Supreme Court has ruled that the use of sound trucks is protected under the First Amendment.
Prior to Fambrough's court appearance, Assistant Law Director Heather McCollough, who serves as both prosecutor for East Cleveland and counsel for Mayor King, also said the quiet part out loud. After citing that Fambrough had "made complaints about the police department," filed "public records requests," and asked about election ordinances, McCollough told Fambrough's attorney that Fambrough needed to "stand down" if he hoped to achieve any sort of peaceful resolution.
He pleaded guilty to a misdemeanor and was told that such an ending may not come to him again if he did not "mind his own business."
The problem for McCollough is that none of the complaints she outlined are remotely criminal. On the contrary, they are the epitome of First Amendment-protected speech, allowing citizens to hold the government accountable without fear of reprisal for doing just that.
Such is the main thrust behind Fambrough's lawsuit, filed against the City of East Cleveland, King, McCollough, Chief of Police Scott Gardner, Law Director Willa Hemmons, Captain Kenneth Lundy, and Officers Mark Allen, Andrew Majercik, William Nevels, and Kyle Wood.
"It's actually incredibly and tragically common for governments to retaliate against citizens' political speech or for criticizing the government or the police," says Ben Field, an attorney with the Institute for Justice, the public interest law firm representing Fambrough. "Every single governmentwhether it's federal, state, or localjust has so many laws on the books that it's always possible to point to somebody and say, 'Well, you broke one of them,' and figure out what that law is after the fact. If governments are allowed to do that, then nobody's rights are safe."
Such was the case with Jerry Rogers Jr.,who was arrested in Louisiana for violating "14:00000"a crime that doesn't existafter police in St. Tammany Parish grew furious that he had criticized their failure to solve a local murder.
"I think that most people have the ideathat the First Amendment has never been more robust. And when it comes to governments actually writing down laws to restrict speech, that's true," adds Field. "But if the government doesn't write down a law but instead pre-textually uses a law to target speech it doesn't like, the protections are actually much, much weaker."
That's particularly relevant to East Cleveland when considering the city's high crime rate and short-staffed police department. It is the government's job to protect people from those who violate their rightsnot to waste their limited resources to protect the government from the people. Yet whether or not Fambrough will even get the chance to state his case before a jury will hinge on him overcoming a slew of immunity doctrines that protect the state from having to provide recourse when it violates someone's constitutional rights.
But this isn't just about Fambrough, and it's not just about East Cleveland. "Even if most people don't drive sound trucks around to support candidates," says Field, "the same thing that happened to William can happen to anybody."
The rest is here:
He Was Targeted by Police for His Political Speech. Now, He's Suing. - Reason
- Its the right thing to do: Defense attorney picks up Shasta protester case pro bono, citing First Amendment concerns - Shasta Scout - July 12th, 2025 [July 12th, 2025]
- The First Amendment Protects Ideologically Based Ad Boycotts - Cato Institute - July 12th, 2025 [July 12th, 2025]
- IRS Finally Recognizes That the First Amendment Permits Pastors To Speak From the Pulpit - The Daily Signal - July 12th, 2025 [July 12th, 2025]
- Pocahontas Mayor Reacts Aggressively to Viral First Amendment Auditor - NEA Report - July 12th, 2025 [July 12th, 2025]
- ACLJ's Decades-Long Fight Leads to IRS Recognizing Churches' First Amendment Rights To Speak About Political Issues and Candidates From the Pulpit -... - July 12th, 2025 [July 12th, 2025]
- Central Piedmont fulfilling requests that would lead to First Amendment lawsuit being dropped: Plaintiffs - Queen City News - July 12th, 2025 [July 12th, 2025]
- How Tempe debate over feeding homeless at parks is becoming a First Amendment conversation - KJZZ - July 10th, 2025 [July 10th, 2025]
- IRS: Pastors and Politicians Dont Lose First Amendment Rights in Pulpit - Focus on the Family - July 10th, 2025 [July 10th, 2025]
- Trump admin waffles in court on whether pro-Palestinian foreigners have full First Amendment rights - Politico - July 8th, 2025 [July 8th, 2025]
- Airlines deportation deal with ICE sparks protests and boycott campaign, leading to First Amendment battle - The Free Speech Project - July 8th, 2025 [July 8th, 2025]
- Trump Judges Find No First Amendment Problem With Florida Forcing Teachers to Misgender Themselves - Balls and Strikes - July 8th, 2025 [July 8th, 2025]
- High Court To Hear Street Preacher's First Amendment Case - Law360 - July 6th, 2025 [July 6th, 2025]
- The Columbus Connection First Amendment, Independence Day Thoughts, and Happy Birthday CCN - Columbus County News - July 6th, 2025 [July 6th, 2025]
- Paramounts Trump Lawsuit Settlement: Curtain Call for the First Amendment? (Guest Column) - IMDb - July 6th, 2025 [July 6th, 2025]
- Fourth of July is a reminder to understand your First Amendment rights - The News Journal - July 4th, 2025 [July 4th, 2025]
- Big Tech Can't Hide Behind the First Amendment Anymore | Opinion - Newsweek - July 4th, 2025 [July 4th, 2025]
- FIRE amicus brief: First Amendment bars using schoolkid standards to silence parents' speech - FIRE | Foundation for Individual Rights and Expression - July 4th, 2025 [July 4th, 2025]
- The First Amendment Protects CNN's Reporting on ICEBlock and Iran - Reason Magazine - July 4th, 2025 [July 4th, 2025]
- MCPS to pay $125K to two county residents who sued over alleged First Amendment violations - Bethesda Magazine - July 4th, 2025 [July 4th, 2025]
- Commentary: Winter Garden arrest threat violated First Amendment rights - Orlando Sentinel - July 4th, 2025 [July 4th, 2025]
- First Amendment Expert Responds To BHUSD Policy - Hoover Institution - July 4th, 2025 [July 4th, 2025]
- Donald Trump: the surprise force who saved the First Amendment - Washington Times - July 4th, 2025 [July 4th, 2025]
- Paramount Will Pay $16 Million in Settlement With Trump Over 60 Minutes Interview - First Amendment Watch - July 4th, 2025 [July 4th, 2025]
- Trump Judges Reject First Amendment Challenge and Uphold Florida Law Requiring Teachers to Use Only Pronouns that Align with their Gender at Birth -... - July 4th, 2025 [July 4th, 2025]
- Justice Thomas sounds alarm on courts misapplying First Amendment in political speech cases - Courthouse News - July 2nd, 2025 [July 2nd, 2025]
- 'The full rigor of the Court's resources': Judge warns Trump against witness 'retribution' in First Amendment case over threatened deportations - Law... - July 2nd, 2025 [July 2nd, 2025]
- Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media - JD Supra - July 2nd, 2025 [July 2nd, 2025]
- Protecting Kids Shouldnt Mean Weakening the First Amendment - Public Knowledge - July 2nd, 2025 [July 2nd, 2025]
- Opinion - Jesse Green: Congress must not violate First Amendment in fight against anti-semitism - Northern Kentucky Tribune - June 29th, 2025 [June 29th, 2025]
- VICTORY: New York high school to strengthen First Amendment protections following FIRE lawsuit - FIRE | Foundation for Individual Rights and... - June 28th, 2025 [June 28th, 2025]
- FCCs First Amendment Tour Arrives in Kentucky - The Daily Yonder - June 28th, 2025 [June 28th, 2025]
- ACLU of Pennsylvania Applauds Passage of Legislation to Expand First Amendment Protections in the Commonwealth - ACLU of Pennsylvania - June 28th, 2025 [June 28th, 2025]
- FIRE to court: AI speech is still speech and the First Amendment still applies - FIRE | Foundation for Individual Rights and Expression - June 28th, 2025 [June 28th, 2025]
- Podcast: Broadcast Journalism, First Amendment, and the Future - Wisconsin Broadcasters Association - June 28th, 2025 [June 28th, 2025]
- Advertising Companies Cave to the FTC. Media Matters Sues To Defend the First Amendment. - Reason Magazine - June 28th, 2025 [June 28th, 2025]
- Punishing Universities for Their Viewpoints Violates the First Amendment - Cato Institute - June 28th, 2025 [June 28th, 2025]
- Palestinian Student Sues Michigan School Over Teachers Reaction to Her Refusal To Stand for Pledge - First Amendment Watch - June 28th, 2025 [June 28th, 2025]
- CDT and EFF Urge Court to Carefully Consider Users First Amendment Rights in Garcia v. Character Technologies, Inc. - - Center for Democracy and... - June 24th, 2025 [June 24th, 2025]
- University of Oregon ordered to cover legal fees after settling First Amendment lawsuit - Campus Reform - June 24th, 2025 [June 24th, 2025]
- City attorney cites First Amendment rights in allowing rally; Third Street to open soon - Northern Wyoming News - June 20th, 2025 [June 20th, 2025]
- Guest column: 1,000 gathered in Oak Ridge to defend First Amendment - Oak Ridger - June 20th, 2025 [June 20th, 2025]
- Fighting Antisemitism Should Not Come at the Expense of the First Amendment - Reason Magazine - June 18th, 2025 [June 18th, 2025]
- How Hawley, Marshall choose Trump over the First Amendment | Opinion - Kansas City Star - June 18th, 2025 [June 18th, 2025]
- FARRAND: Saturday was a day we exercised three of our First Amendment rights - thenewsherald.com - June 18th, 2025 [June 18th, 2025]
- The State of the First Amendment in the University of North Carolina System - FIRE | Foundation for Individual Rights and Expression - June 18th, 2025 [June 18th, 2025]
- The First Amendment is Again in Colorados Crosshairs - The Federalist Society - June 18th, 2025 [June 18th, 2025]
- The Military Parade and Protections of the First Amendment - Just Security - June 18th, 2025 [June 18th, 2025]
- Court ruling clarifies limits of NCs First Amendment protection - Carolina Journal - June 18th, 2025 [June 18th, 2025]
- Letter to the Editor - Campbell County Democrats Cherish First Amendment Rights - The Mountain Press - June 18th, 2025 [June 18th, 2025]
- Editorial: Lets remember the peaceably part of First Amendment - Everett Herald - June 18th, 2025 [June 18th, 2025]
- PETA Sues NIH, NIMH in Groundbreaking First Amendment Lawsuit - People for the Ethical Treatment of Animals (PETA) - June 18th, 2025 [June 18th, 2025]
- First Amendment expert explains the right to protest amid 'No Kings' movement - CBS News - June 18th, 2025 [June 18th, 2025]
- ACLU of Nevada shares guidelines for protesters to safeguard their First Amendment rights - KSNV - June 18th, 2025 [June 18th, 2025]
- Las Vegas ICE protests: First Amendment right or breaking the law? - KLAS 8 News Now - June 18th, 2025 [June 18th, 2025]
- Rights afforded to protestors by the First Amendment, and what it does not give you the right to do - Action News Now - June 18th, 2025 [June 18th, 2025]
- What can and can't you do with your First Amendment right of free speech? - KMPH - June 18th, 2025 [June 18th, 2025]
- The First Amendment Is the backbone of democracy - Herald-Banner - June 18th, 2025 [June 18th, 2025]
- First Amendment thoughts ahead of weekend protests | Whales Tales - Auburn Reporter - June 18th, 2025 [June 18th, 2025]
- Mass. AFL-CIO president says Trump administration is 'ripping up' the First Amendment - WBUR - June 10th, 2025 [June 10th, 2025]
- No First Amendment Violation in Excluding Associated Press from "the Room Where It Happens" - Reason Magazine - June 10th, 2025 [June 10th, 2025]
- Contra the Trump FTC, Boycotts Are Protected by the First Amendment - RealClearMarkets - June 10th, 2025 [June 10th, 2025]
- Letter to the editor: Thanks to EPD for respecting my First Amendment rights on Palestine and Israel - Evanston RoundTable - June 10th, 2025 [June 10th, 2025]
- Texas Harassment Conviction for Sending 34 Messages Over 15 Weeks to Ex-Therapist Violates First Amendment - Reason Magazine - June 10th, 2025 [June 10th, 2025]
- Opinion | This Trump Executive Order Is Bad for Human Rights and the First Amendment - The New York Times - June 10th, 2025 [June 10th, 2025]
- Contra the FTC, Boycotts Protected by First Amendment - RealClearMarkets - June 10th, 2025 [June 10th, 2025]
- PBS sues Trump administration over funding cuts, alleging they violate First Amendment - CBS News - June 1st, 2025 [June 1st, 2025]
- British Attacks on Free Speech Prove the Value of the First Amendment - Reason Magazine - June 1st, 2025 [June 1st, 2025]
- Students Protesting the Genocide in Gaza Are Losing Their First Amendment Rights - splinter.com - June 1st, 2025 [June 1st, 2025]
- PBS sues Trump administration, says executive order cutting federal funding violates First Amendment - Fox News - June 1st, 2025 [June 1st, 2025]
- PBS sues Trump over funding cuts to public media and alleges First Amendment violation - Business Insider - June 1st, 2025 [June 1st, 2025]
- Trump Lawyers Claim 60 Minutes Harris Interview Caused Him Mental Anguish, Argue That the First Amendment Is No Shield to News Distortion in Motion to... - June 1st, 2025 [June 1st, 2025]
- Trumps executive orders: Due process, breathtaking sweeps, and the evils of intentional vagueness First Amendment News 472 - FIRE | Foundation for... - June 1st, 2025 [June 1st, 2025]
- Free speech is the rule: Alito wants more First Amendment protections for students after middle schooler is punished for wearing There Are Only Two... - June 1st, 2025 [June 1st, 2025]
- Judge Denies Artificial Intelligence Chatbot First Amendment Protections in Lawsuit - FindLaw - June 1st, 2025 [June 1st, 2025]
- NPR sues over Trump order cutting off its funding, citing First Amendment - Duncan Banner - June 1st, 2025 [June 1st, 2025]
- South Bend Stops YouTubers Bid to Revive First Amendment Claim - Bloomberg Law News - May 17th, 2025 [May 17th, 2025]
- Trump Administration Likely Violated American Bar Association's First Amendment Rights - Reason Magazine - May 15th, 2025 [May 15th, 2025]
- Perkins Coie Litigation Team Secures First Amendment Federal Court Win for DEF CON - Perkins Coie - May 15th, 2025 [May 15th, 2025]
- How swiftly power can be weaponized against dissenting voicesincluding the free and open press as protected by the First Amendment - Northeast Valley... - May 15th, 2025 [May 15th, 2025]
- NYUs First Amendment Watch Launches Trump 2.0: Executive Power and the First Amendment - NYU - May 10th, 2025 [May 10th, 2025]