First Amendment

Woman with profane anti-Trump bumper sticker that offended Texas sheriff is arrested

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A Texas woman who displayed a “F— Trump” bumper sticker on her truck has been arrested on an outstanding warrant after the local sheriff said on Facebook he would like to find the owner to discuss the “offensive display.”

Karen Fonseca was arrested on Thursday, report BuzzFeed News, the Houston Chronicle and Click2Houston. The stories differ on the exact charge: the Chronicle says it is fraud, Click 2 Houston says it is fraudulent use/possession of information, and BuzzFeed says it is possession and use of fake identification.

The bumper sticker reads: “F— Trump and f— you for voting for him.”

On Wednesday, Fort Bend County Sheriff Troy Nehls posted a photo of the bumper sticker on Facebook with the expletives blocked out. His caption under the post ignited a debate over the scope of the disorderly conduct statute and First Amendment protections.

The sheriff wrote: “I have received numerous calls regarding the offensive display on this truck as it is often seen along FM 359. If you know who owns this truck or it is yours, I would like to discuss it with you. Our prosecutor has informed us she would accept disorderly conduct charges regarding it, but I feel we could come to an agreement regarding a modification to it.”

In the comments section, Nehls posted a screenshot of the disorderly conduct statute. The law said a person commits the offense if he uses profane or vulgar language, or makes an offensive gesture or display that “tends to incite an immediate breach of the peace.”

Nehls said in a press conference Wednesday that he was concerned that the statement about Trump voters targeted individuals, and that could incite a breach of the peace.

District Attorney John Healey told the Chronicle that that, despite what his prosecutor might have said, he didn’t believe he could prosecute the woman under the disorderly conduct statute.

Nehls took down the Facebook post on Thursday. The sheriff’s office said in a statement that Nehls had hoped to speak with the driver to prevent a potential altercation with those offended by the message. Nehls has received hate messages toward his wife and children, and won’t be commenting further, the statement said.

Fonseca told the Houston Chronicle she used to work at the county jail. She said the bumper sticker is “just our freedom of speech and we’re exercising it.”

She has been released on bond, the Chronicle reports.

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