Lafayette government argues in lawsuit that fake antifa events aren’t protected free speech – Daily Advertiser

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Lafayette Consolidated Government is arguing that a pair of fake "antifa" events on Facebook arent protected forms of speech and that the events' creator should be liable for the costs incurred from police response to the events.

Mayor-President Josh Guillorys administration filed the lawsuit in September, arguing John Merrifield, who describes himself as a comedian and satirist who was born in Lafayette and now lives in Brooklyn, created the Facebook events and should pay up.

More: Lafayette Mayor-President Josh Guillory sues creator of fake ANTIFA social media events

Mayor President Josh Guillory holding press conference. Wednesday, March 18, 2020.(Photo: SCOTT CLAUSE/USA TODAY Network)

City-parish attorneys are seeking to recoup considerable sums of money spent on the police response to the events, though theyve limited the damages theyre seeking to less than $75,000. That limit keeps the case out of federal court and instead puts it in the hands of 15th Judicial District Judge Edward Broussard.

Despite the phony nature of the events, government lawyers have argued they prompted confusion, anxiety and concerns from the public, which in turn led local authorities to respond to the sites.

More: Fake 'ANTIFA Takes River Ranch' event sparks reaction from Lafayette mayor, police

Antifa, short for "anti-fascists," is the name for loosely affiliated, left-leaning anti-racist groups that have been involved in some violent clashes in recent years.

In the city-parishs latest filing, attorney Michael Adley argues that the fake events are not protected from litigation by the First Amendment, essentially the same argument that shouting Fire! in a crowded theater is not protected speech. He wrote that famous example "is the exact situation here.

A hoax "ANTIFA Takes River Ranch" event created by a meme page has caught the attention of Lafayette city officials.(Photo: Screenshot from Facebook)

Merrifield created two phony hoaxes (that antifa was coming to 'takeover' parts of Lafayette) with the intention that law enforcement would needlessly spend time and effort investigating and responding to his hoaxes, Adleys filing reads.

Adley also argued the events violated a Louisiana law prohibiting people from transmitting false information that may endanger public safety with the intent to prompt an emergency response by law enforcement. That type of move dissolvesfree speech protections, he argued.

More: Fake antifa event creator says Lafayette city-parish lawsuit violates his free speech

But Merrifields attorney Andrew Bizer argued the lawsuit is frivolous, vindictive and unconstitutional in its targeting of Merrifield for creating the fake events and in seeking a judges permission to depose Merrifields mother, who thought the events were legitimate.

This is protected speech by the First Amendment, Bizer said. They are analogizing it to shouting fire in a crowded theater, but shouting fire is a crime. There has to be some sort of underlying criminal element, and in this case he called for a peaceful protest.

City-parish attorneys have hung onto the word takeover used in Merrifields fake events - and a Department of Homeland Security warning that antifa contains members who engage in domestic terrorist violence - to argue that it is dishonest to characterize the events as peaceful rallies.

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But Bizer argued that the word does not independently have violent connotations, pointing to takeovers of places like Bourbon Street in New Orleans by traveling fans during high-profile football games.

Its a show of numbers, is what it means. Its not inherently violent, not at all, he said.

Lets say there was a takeover of the mall or River Ranch, what would that look like? Does that mean smash every window and loot and pillage? No, of course not! Thats ridiculous. Its a very tenuous argument.

The cases first hearing in front of Broussard is set to be held in Lafayette on Monday to determine whether the lawsuit against Merrifield can move forward.

Follow Andrew Capps on Twitter or send an email to acapps@theadvertiser.com.

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Lafayette government argues in lawsuit that fake antifa events aren't protected free speech - Daily Advertiser