you know a central component of our right to free speech is that we absolutely cannot and do not allow our government including government officials i.e police officers or any other government officials to decide what the content or the substance of our free speech rights are so if we have a first amendment right we don't allow the police or politicians or anyone to regulate the content or the substance of that speech because when we do well we see what's happening in the country right now that's when you get a ministry of information that's when you get double speak that's when you're living in an orwellian novel take a look at this actual case that happened recently in west virginia where a street preacher was actually handcuffed and arrested and taken to jail for the content of his speech this is the actual video that happened take a look at it and i'll explain more of the background what is my crime disorderly it's causing a disturbance freedom of speech is disorderly it's disorderly freedom of speech you got a half naked baby that's basically decapitated yeah this is an abortion that's what an abortion looks like okay okay this is a high school football game you're causing it so all the other signs probably not any issues uh-huh but not this one okay you want to tell me what is the ordinance that i'm breaking no what disorderly conduct can you can you let me read the ordinance that says that that this picture in the city of bluefield okay so what you have here this is mr edgar araya he lives in bluefield west virginia and he's a street preacher he's done this all over the country and he uses signs in his street preaching including anti-abortion signs that include some gruesome images now this has popped up in years past at various uh layers of litigation but that is just to provide context what's going on here we have some fairly gruesome signs but it's free speech it's he's a street preacher the cops are called they show up and this is on public property and it's outside a high school football game that's the context west virginia is disorderly you're gonna arrest me if i don't put it up okay let me have your name in batch number two please is that why you tell the judge when you go to court it's the serger fb so both of you guys here's the issue like we're saying there's no problem with you being here right well apparently it is this is the only picture apparently it is so i just i'm just trying to understand what you're saying okay so you're saying that that this picture has to go everywhere you're saying that if i don't put this picture away you're going to arrest me you're going to arrest me okay so officer dear barker from bluefield i know city west virginia is saying that if i don't put this sign up trying to get your face he's going to arrest me yes okay i just want to have this in record so i can bring this to my lawyer that you are training me both of you training me with an arrest if i don't put this picture up all you have to do is put the sign up okay i'm going to put it up okay okay but the lawyer is going to hear this and you guys are heading for a huge lawsuit why are you being confrontational we're good with you doing this it's it's this this this right here you guys are going to find out it's going to cost you thousands of dollars that this is not disorderly conduct this is freedom of speech first amendment right and you guys both of you both of you there's a half naked oh hell naked ladies right there look at there's all these health naked women's right here but you have a problem with this with this picture why don't you go tell those ladies that helped naked two in the reversal you know what are you going to arrest me you're just going to give me a citation if i don't put it up you're going to arrest me you're going to put it up or not you're going to take me to jail if i don't put this picture up all right there we go no it has to be going it's going already it's not i'm not sure i'm not showing it put it in your car or something and we'll be out i'm not showing anymore we're displaying it right now i'm going to put it under that car is that your car no that's not my car i don't have to answer that but i don't have to take it i don't have to take it anymore just leave it here i'll write you a citation for later in there i'm not leaving it right here i haven't left the spot you just want to get rid of me over there no for the time being in your vehicle and it's fine i'm not going to bring it over there if i'm walking what do i do if i come over here walking then what i have to do go home and come back when the ben is over so you're pretty much kicking me out of the event kicking me out of the public premises it's off ready you don't want to you don't want the picture to be seen already already covered up here it's covered it has to go it's covered already you have a problem with the picture the picture is covered uncompliant with what you say you're gonna leave it like that i'm gonna i'm gonna leave it like that i just can't i just can't go home and come back and then and then miss the whole event so you're good with covering up all that not moving that and leaving it like that i'm not gonna move it i'm gonna live like that because this man right there this man this man treads me with an arrest if i don't put it down that's the only reason why i'm doing that's to take it off the premises i already took the picture down you say take the picture down i already comply with that i already obey that i don't have to i'm complying with you by just throwing it on the ground correct what is it how are you complying you say that the picture was disturbing the piece or something like i don't know what you say nobody can see the picture no more can you see the picture why don't you ask lieutenant advance oh no lieutenant bench is dead okay go ahead and put your hands back why what is my crime what is my crime what's my crime what is my crime there we have my bike i haven't done anything wrong they taken me to yale because i'm preaching the gospel they're taking me together because i'm preaching the gospel they taking me to jail because i'm preaching the gospel of our lord and savior jesus christ and just like i told you in advance and you try to stop the preaching of the gospel god is gonna kill you and god kills him with the coronavirus i've been arrested for preaching the gospel of our lord and savior jesus christ officer dr barker just how are we getting him he just wants to get me off the public sidewalk i'm not going anywhere so you don't have to treat me like this you already got me in handcuffs you think i'm going to run escape is that is that you that afraid of a preacher you're afraid of a preacher yep that's what it is okay dr barker is afraid of the gospel of our lord and savior jesus christ jesus christ is the king of kings and lord of lords how are you i'm being kidnapped sir can you help me well what's going on this man is kidnapping me i'm preaching the gospel and saying jesus christ on a public placement and he is kidnapping can you help me he took a note to protect and serve to protect the constitution first amendment right you guys violated the first amendment right right now oh are you okay with my letter in the first amendment right no absolutely not we took another serve though correct you by letting the first amendment right jesus christ king of kings lord of lords he deserves to be honored and glorified jesus is the king of kings lord of lords huh so as you can tell mr orrea was arrested placed in handcuffs he was charged with one count of disorderly conduct and one count of obstructing an officer he actually went to court on those charges and he beat them both charges were dismissed following a motion to dismiss that was filed by his defense lawyer citing basically his first amendment rights to engage in free speech the court fortunately agreed the case was dismissed now what i'm going to show you next is this is actually before that happened but this is when they went to pick up their their signs that were seized as you could tell in the video and the cops refused to give them back all of their signs only giving them back one sign right here so you received this there's more than that this is the only thing we have all his signs in this painter and his this is we don't have that back there uh if you want this back you have to sign for it okay we have evidence this is what you're saying okay and ask your question the day i can pick up my phone and my camera you want to touch that camera from a sandwich board you picked up your phone camera yeah this is very good i'm glad you guys love the rest of the stuff now you may have noticed that the arrest took place after mr uraya mentioned the name of a police officer saying why don't you ask him that's right you can't because he's dead now they arrested him when he said that now to give some backstory on why he said that and possibly why they arrested him for saying that in in in the context of them doing so i'm going to show you a prior interaction that mr area and his wife had with this police department bluefield police department who you may have seen in some of my other recent videos unfortunately now the name of that police officer who later died is the person that they interacted with on this prior day this was the lieutenant who was on duty and they went into the police department now this is in i believe it was march of when the coronavirus stuff was first first uh occurring the west virginia governor had just began the the tyranny that he would engage in for like two years issued his state of emergency that that was just going on and they had come into the police department alleging that they had been harassed by some bluefield police department department officers for pre preaching on the street and he had they had this amazing conversation with the supervisor now who is going to discuss freedom of speech in the first amendment with the arrears and here you can take a look at that and that will give i think context for how we ended up with mr orea arrested praise the lord praise the lord so here we are we're going to talk to the police because we're going to be doing a lot of preaching in this area and we don't want to be continue being harassed by the police uh here we are the police department right now we want to just talk to whoever is in charge praise the lord so lord please be with us and help us have this talk with the police department jesus christ is king of kings and lord of lords yeah okay what do you need to talk about hey my camera here excuse me i said i got my camera here okay good that's good my name is el gallorea my wife diana and we are pretty cool okay we purchase of the gospel we like to exercise first amendment right freedom of speech on the public sidewalks of america and right now i was doing that and one of your uh police officers came and harassed me and uh what do you mean harass him how did he arrest you he came and intimidated me by how don't just leave open into questions you're going to record you're going to put the whole story i'm not raising i'm not raising my voice do we need to raise our voices then you you tell the whole story i'm telling the whole story but you're interrupting me saying that he intimidated you no we're not playing it he said you will you are inciting a riot and causing fear and you will be arrested for disorderly conduct okay if you continue if you continue to do that but we weren't doing that we're just preaching the gospel in the corner are you preaching like what was you preaching the bible jesus uh and in that bible does it say the coronavirus yes matthew 24 verse four to eight it says corona it says pestilence if you look at the definitions of pestilence don't try to read into everything no i'm pretty i'm appreciative of that i'll show you what i got if he's saying hey you're scared of the coronavirus why don't you be afraid of dying the governor says now y'all want to go preach go up to hit to the capitol we're under a state of emergency let me see that absolutely yeah i know you're going to look at it why are you having that with this and i've dealt with y'all before believe me while you're racing your voice interrupting the channel do i have to raise my voice there you go hold on a second why are you raising people you can raise your voice i don't want you to talk to you and you're facing your voice are you going to look at it i'm gonna i'm okay i ask you a question too you don't want to answer the question is the word coronavirus van in bluefield west virginia if you read that you will see why don't you give me the answer yes or no you are scaring people is there where corona virus vamps and bluefield you are not allowed to be out there saying hey you're going to hell you're going to burn you're going to do this you're going to get the coronavirus and die because we're in a state of emergency okay so there's there's the law there's an ordination that says doing that that if i use the word coronavirus you're going to put them in yellow you cannot be spreading fear what will happen to me if i continue emergency right there you could possibly go to jail you're going to put me in jail if i continue preaching the bible but you ain't you you're you're spreading fear fear is coming through the news sir to trump and jim justice and you're not going to put him in jail he just said that we're under a state of emergency you're the one out there he said i'm preaching the bible yes no he's saying don't be afraid of the cross be afraid of going so freedom of speech is then because of the state of emergency it's not you're using scare tactics see what happens you're trying to scare people by saying that learn and get can you do me a favor can you do that all year round can you write i see that can you write been here all year round don't even travel we don't say the chronova okay but you are today you're you're hopping don't be scared of the coronavirus can you write down on a piece of paper the words that i'm not allowed to say and write on your bachelor's number and your name please fear and go out here and tell them but what you're doing right now i could be considered fear too so did that grand i'm gonna put you in jail too do me a favor write down the words how do you figure i'm out there spreading this they're gonna die write down the words if they don't repent to god that's what the bible says if you don't repent if you die of any sickness of disease if you don't repent you're going to burden them you're saying that nobody's saying and he's saying yes nobody said dear you're going to die of chronic wait he's lying let me tell you i know his life he said that you said that you're going to die of coronavirus if you don't repent that's that's not what i say recorded and i did not that never came to say that he said don't be afraid of the corona can you please write down on a piece of paper the words that i'm not allowed to say and write down your name and batch number next to it so i can take it with me got it on on tape i told you you can wear coronavirus okay so if i say cancer cancer is okay what is fear i mean what what are you supposed to what is going to cause people to fear you out there tell them they go get the corona virus if they don't start talking it's not what the tv is saying not get out of your house because you're going to get the coronavirus why show me on the tv where it says hey if y'all don't start praying you're going to get this virus not going is telling you to stay in your house that you're safe in your house you're safe in the hands of jesus christ that's what you save your house is not going to protect you a tree can come down in your house and kill you and it doesn't matter who you are police officer judge lawyer whatever you are and if you're not repenting on your sins you're going to burn in hell that's the message i'm bringing to the streets that's the message that america needs not that people are going to get coronavirus from not repenting by fear of the lord that's what i'm preaching over there is that where we get getting through when you go saying stuff to try to scare you so freedom of speech you want them to believe then yes that is and i'm sorry you don't understand that so if a muslim comes and preaches the quran you're going to put him in yell too yes he's out there trying to scare people into going to his belief absolutely by inciting a ride this is called we're not in sight in a ride we're not telling anybody to do any any rioting that's inciting a ride you're scaring people i'm not scaring anybody nobody came to us and said they were scared and two people came and asked us about how to be saved so i'm pretty early into my investigation of this matter and my research of any applicable case law here but obviously the first amendment is implicated there appears to have been a very similar case in federal court in nearby kentucky back in 2004 the case is worldwide street preachers versus city of owensboro western district of kentucky 2004 and here there was an anti-abortion protest during a fourth of july celebration at a local park so there were no problems until this anti-abortion sign came out showing a picture of what the court described as a mutilated baby this was causing public alarm and according to the police likely to cause physical confrontation the guy refused to put the sign away the police confiscated the anti-abortion sign they issued a citation and released mr sweihart in that case they didn't actually treat him in the manner that mr arreyo was treated in this situation the court went on to say a function of free speech under our system of government is to invite dispute it may indeed best serve its high purpose when it induces a condition of unrest creates dissatisfaction with conditions as they are or even stirs people to anger speech is often provocative and challenging it may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea and there the court was citing a 1949 supreme court case terminello versus chicago so to make a long story short the court walks through all of the government's arguments including fighting words or that there were kids around who could see these awful pictures and the court strikes it all down and says you know what this is protected first amendment speech the government can regulate that speech under some circumstances but they have to meet strict scrutiny which is almost impossible for the government to meet and very similar situation as this case and here it's i think the same sort of deal this was not a time place or manner restriction this was literally and admittedly a restriction on the content the content of protected speech whether we like it or not whether the police likes it or not whether the supervisor likes it or not whether the mayor likes it or not or whether or not the people at the football game like it or not you either protect the constitutional rights of people you don't like of speech you don't like or you don't protect the constitutional rights for anybody or any speech and it seems obvious to most of us but for some reason you have to convince people of this fact and cops generally can't comprehend it at all at least not the ones who get themselves in situations such as this so again this case is worldwide street preachers versus city of owensboro kentucky 2004 and i i think the law basically states here that if the government is going to create a content-based restriction on freedom of speech in a public place a public forum then they are going to be subjected to exacting scrutiny so the state must show that the regulation is necessary to serve a compelling state interest and that it's narrowly drawn to achieve that in and just for the children is not going to be enough the supreme court has frequently recognized that the protection of children in a variety of contexts can be a compelling state interest on other occasions though the supreme court has not referred to the state's interest in protecting children as compelling for instance the supreme court in reno versus aclu recognize that protecting children from offensive or indecent pictures is a legitimate and important interest but that the court does not refer to it as compelling so in the end as this federal court held in 2004 in this very similar case just saying that these images are potentially harmful to children you know that's without any evidentiary support whatsoever even assuming that these images are harmful and that the protection of children from these images is a compelling state interest which as the court explained isn't necessarily the case the government hasn't made any attempt to establish any sort of fit between these interests and protecting children with the street preachers interest in exercising their rights to free speech completely banning these signs cannot be narrowly narrowly tailoring these you know this conflict of these rights and also as the federal court pointed out it's problematic that the city's reliance on the images being too graphic you know what who gets to decide what images are too graphic or not too graphic did the police get to decide do hecklers get to decide that in either case that would be too vague to be unconstitute to be constitutional so therefore in that case the city of owensboro's actions were deemed by a federal court to be unconstitutional and i'll let you be the judge of what you saw in the video maybe we will get a west virginia federal court to take a look at this and decide whether or not the bluefield police department's actions here were constitutional [Music] you