Transmission electron micrograph of SARS-CoV-2 virus particles, isolated from a patient. Image captured and color-enhanced at the NIAID Integrated Research Facility (IRF) in Fort Detrick, Maryland.NIAID

Court Rules In Favor Of Louisiana Man Labeled “Terrorist” For Comparing COVID To Zombie Apocalypse

A federal appeals court affirmed Friday that a Facebook joke, which compared COVID-19 to a zombie apocalypse, that led to a man’s arrest as a terrorist, is protected speech under the First Amendment, reversing a lower court’s decision.
Transmission electron micrograph of SARS-CoV-2 virus particles, isolated from a patient. Image captured and color-enhanced at the NIAID Integrated Research Facility (IRF) in Fort Detrick, Maryland. NIAID by Katelynn Richardson, DCNF.

A federal appeals court affirmed Friday that a Facebook joke, which compared COVID-19 to a zombie apocalypse, that led to a man’s arrest as a terrorist, is protected speech under the First Amendment, reversing a lower court’s decision.

Waylon Bailey, a resident of Rapides Parish in central Louisiana, made a Facebook post on March 20, 2020, that jokingly compared COVID-19 to a zombie apocalypse, referencing the movie World War Z — police officers later showed up at Bailey’s house and arrested him for “terrorizing,” according to court documents.

When Bailey sued, the district court dismissed his claims that the police department violated his First and Fourth amendment rights, a decision the Fifth Circuit reversed on Friday.

In the news: Texas School District Shuts Down Due To COVID-19

“We first hold that Bailey’s Facebook post is constitutionally protected speech,” Judge Dana Douglas, a Biden appointee, wrote in the opinion. “We then hold that the district court erred in granting qualified immunity to Detective Iles on Bailey’s First and Fourth Amendment claims and erred in granting summary judgment to Defendants on Bailey’s state law false arrest claim.”

The Facebook post in question stated that the Sheriff’s Office had issued an order that deputies should “shoot on sight” if they come into contact with “the infected,” using the hashtag “#weneedyoubradpitt” in reference to World War Z movie.

Bailey made the post in response to another friend’s joking post about COVID-19, according to court documents.

A deputy told Bailey as he was being handcuffed that the “next thing [you] put on Facebook should be not to fuck with the police,” the ruling notes.

The Fifth Circuit remanded Bailey’s case to the district court for proceedings consistent with their opinion.

Android Users, Click To Download The Free Press App And Never Miss A Story. Follow Us On Facebook and Twitter. Signup for our free newsletter. 

We can’t do this without your help; visit our GiveSendGo page and donate any dollar amount; every penny helps

Login To Facebook To Comment
Share This: