First Amendment Group Seeks Veto Of ‘Warning Shot’ Bill

April 15, 2014

The First Amendment Foundation on Monday asked Gov. Rick Scott to veto what has become known as the “warning shot” bill because of a provision that would allow records to be expunged.

The bill (HB 89), which has passed the House and Senate, has drawn widespread attention because it would allow people to show guns or fire warning shots in self-defense if they feel threatened. The bill also would allow criminal records to be expunged if people are found to have acted legally in self-defense and prosecutors do not pursue charges.

Barbara Petersen, president of the First Amendment Foundation, wrote to Scott that the bill “has grave implications for public oversight of our judicial and criminal justice systems” and is contrary to the public interest.

“The expunction provision … not only limits public oversight, but potentially could serve as a tool for obscuring law enforcement and prosecutorial misconduct, while also hindering the development of court precedence essential to understanding how and when the proposed use of force law applies,” Petersen wrote. But during debates on bill, lawmakers such as Sen. Charlie Dean, R-Inverness, defended the provision.

“If you’re innocent, that automatically should expunge your name, and you shouldn’t have to defend your name the rest of your life,” Dean said before the Senate approved the bill April 3.

by the News Service of Florida

(Disclosure: The News Service of Florida is a member of the First Amendment Foundation.)

Comments

2 Responses to “First Amendment Group Seeks Veto Of ‘Warning Shot’ Bill”

  1. TexTopCat on April 16th, 2014 5:57 pm

    Bill your comment is exactly correct and do not know how any sane person would not agree with you.

  2. Bill Edmunds on April 15th, 2014 11:55 am

    Why should people who have acted fully within the law continue to have their names associated with criminal acts? It is of no concern to public oversight of our judicial and criminal justice systems if someone is totally innocent. It basically allows the media to snoop into private citizens history of legal activities. How could this information be used except to try to dig up dirt on someone? As stated by this publication. (Disclosure: The News Service of Florida is a member of the First Amendment Foundation.) How often does the media dig up this type of information on someone to make them look bad? It does not matter to them that the person was adjudicated as innocent, just that they were involved. This type of innuendo could also lead to “guilt by association” stereotypes.