A Tennessee man was arrested on Friday for alleged harassment after authorities said he had distributed a disrespectful photo of a policeman’s grave on social media.
Joshua Andrew Garton, 28, was arrested on suspicion of harassment and arrested in Dickson County, Tennessee on $ 76,000 bail, the Tennessee Bureau of Investigation said in a statement.
The agency said Garton recently produced and distributed an adulterated photo of two men urinating at the grave of the Dickson County Sheriff’s Sergeant. Daniel Baker, who was shot dead in the line of duty in 2018.
“Just showing my respect to Congressman Daniel Baker”, said the text that accompanies the image.
State detectives visited the tomb site and determined that the photo did not depict a real desecration, according to the agency.
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 this man’s right to post an offensive photo about a police officer,” he said. “The only people who broke the law here were the police and TBI agents who participated in this flagrantly unconstitutional arrest.”
The agency said by email that the investigation and arrest were carried out by order of District Attorney General Ray Crouch.
“When asked to investigate an incident by a district attorney, TBI agents serve as investigators,” said office spokeswoman Leslie Earhart. “The DA determines what charges will be placed, if any.”
Crouch did not respond to a request for comment on Saturday. A county public defender did not respond either.
In Twitter, Horwitz, who specializes in constitutional law, criticized the law enforcement by prison.
“I am irritated that the government has arrested someone for disrespect,” he said.
