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A Tennessee man was arrested on Friday for alleged harassment after authorities said they distributed a disrespectful photo of a law enforcement officer’s grave on social media.
Joshua Andrew Garton, 28, was arrested for harassment and jailed in Dickson County, Tennessee on $ 76,000 bail, the Tennessee Bureau of Investigation said in a statement.
The office said Garton recently produced and distributed a doctored photo of two men urinating at the grave of Dickson County Sheriff’s Sergeant. Daniel Baker, fatally shot while on duty in 2018.
“I’m just showing my respect to MP Daniel Baker,” read the text accompanying the image.
State detectives visited the grave and determined the photo did not represent actual desecration, according to the office.
Nashville attorney Daniel Horwitz, who does not represent Garton, said by email that the arrest appeared to be a violation of the Constitution.
“The First Amendment clearly and unequivocally protects the right of this man to post an offensive photo of a police officer,” he said. “The only people who broke the law here were the police and TBI agents who participated in this blatantly unconstitutional arrest.”
The office said by email that the investigation and arrest was carried out at the request of district attorney general Ray Crouch.
“When asked to investigate an incident by a district attorney general, TBI officers serve as investigators,” said office spokesperson Leslie Earhart. “The prosecutor determines what charges, if any, are placed.”
Crouch did not respond to a request for comment on Saturday. A county public defender also did not respond.
Sure Twitter, Horwitz, a specialist in constitutional law, criticized the police for the arrest.
“I am upset that the government is imprisoning someone for not respecting them,” he said.
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