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Lawsuit filed over arrest of Exodus fan

Tuesday, May 5, 2015 6:40 AM PT

You may recall that last September a 31-year-old Greenville, KY man named James Evans was arrested after posting lyrics to the Exodus song "Class Dismissed [A Hate Primer]" on his Facebook profile. Evans spent several days in custody before being released.

In response, the American Civil Liberties Union of Kentucky has now filed a federal lawsuit on Evans' behalf. Here is a synopsis of the suit from the ACLU:

The American Civil Liberties Union of Kentucky filed a federal lawsuit on behalf of James Evans, the Muhlenberg County man previously arrested and charged with making threats online for posting song lyrics from the heavy metal band Exodus. In 2014, Evans posted on his Facebook page lyrics from a song written about the Virginia Tech school shooting. Because of the school-related content, local law enforcement officials launched an investigation. In doing so, law enforcement officials learned the post consisted of song lyrics and that Evans had, in the past, posted lyrics from other songs online. And they questioned Evans who fully cooperated with their investigation.

Nevertheless, a Muhlenberg County Police officer sought and obtained a warrant for Evans' arrest. But the affidavit submitted for the warrant mentioned nothing about the investigation or the facts that were uncovered. The ACLU represented Evans in the criminal case which was ultimately dismissed, but not before Evans spent several days in custody for simply posting the lyrics online.

In explaining the ACLU's decision to file suit on Mr. Evans' behalf, ACLU of Ky. Cooperating Attorney Brenda Popplewell stated, "This case is not only about Mr. Evans' right to engage in non-threatening speech online, but also his right to be free from unlawful police tactics in securing his arrest and prosecution for a crime he did not commit." She added, "We look forward to representing Mr. Evans in this case, and we hope that by doing so we will not only vindicate his rights but help ensure that others' rights are protected in the future."

ACLU of Kentucky Cooperating Attorney Brenda Popplewell and ACLU of Kentucky Legal Director William E. Sharp represent Mr. Evans.

Meanwhile, copy of the lawsuit can be found here.


5/5/2015 6:53:17 AM
A sagea can't do anything in this country without being arrested!

5/5/2015 6:54:23 AM

5/5/2015 7:09:07 AM
everyone is a terrorist except the government

5/5/2015 7:21:20 AM
Good. I hope the ACLU fistfvcks those douchebags into oblivion and the dude gets millions.

5/5/2015 8:45:55 AM
Liking Exodus should lead to being arrested.

5/5/2015 8:46:46 AM

5/5/2015 9:03:04 AM
f'n Gestapo

5/5/2015 10:37:59 AM
they won the criminal case....uh, what else do you want? the guy shoulda been released and a public apology made by the police for being dickheads. anything more at this point is just looking for a freebie. #WhiteTrashLivesMatter

5/5/2015 12:45:58 PM
sooooooooooooooooooooooooo oooooooooooooooooooooo does this mean I can't post Integrity Lyrics w/o some uppity ass-hat thinking I'm making some bullshit threat? dope life.

5/5/2015 6:15:40 PM
Dear Journal today I read some lame ass story on lambgoat about some jerk filing a lawsuit over posting some washed up 80s bands lyrics. I wish I was quailman and I wish I could lick patti mayonaisses wet coochie but I'm just some emo fcking loser and I will never have a chance, oh well".-Doug Funnie

5/6/2015 2:13:12 AM
Is this another Onion article? Oh, webby.

5/9/2015 12:24:03 PM
anonymous4 days ago
everyone is a terrorist except the government
permalink | report abuse

This is literally what they think and time and time again, we see/hear what they literally do. We have more serious, pressing matters to be focusing police attention on, but noooo, lets waste resources on the investigation of the contents of some sages facebook.

Everyone should just kill themselves right now bc humanity is hopeless