Tennessee Man Sues City After Conviction Overturned Following Officer Encounter

A man from Tennessee faces legal trouble after recording and questioning a police officer, then filing a lawsuit claiming his First Amendment rights were violated. The civil suit targets the city of Kingsport, its chief, and several officers. It was lodged in 2023 by the Foundation for Individual Rights and Expression on behalf of Joshua Gibbons. Gibbons is finally revealing the details now that a Tennessee Court of Criminal Appeals overturned his conviction and dismissed the remaining charges.

"They tried to intimidate me, but I'm not backing down," Gibbons said in a statement. "I can't let this injustice stand, because my family doesn't feel safe anymore. There's no coming back from that raid on our home. They sent eight heavily armed officers to arrest me because I embarrassed them."

The events began in October 2022. Gibbons filmed a Kingsport Police Department SUV driving fast at night without lights or sirens, an act the lawsuit says broke department policy and state law. He followed the car and approached the officer at a drive-thru window to offer brief criticism of his conduct.

FIRE Senior Attorney Adam Steinbaugh told Fox News Digital that when the officer caught up with Gibbons, he did the right thing. He ignored Joshua Gibbons, didn't arrest him, didn't treat it as a crime, and went to get his hamburger instead.

Gibbons later uploaded videos of police on duty to hold them accountable. In one clip, he showed an officer giving him the middle finger. A fellow citizen then complained about that behavior to the department. The department searched Gibbons' YouTube channel for ammunition against him, FIRE alleges. They found the video showing their own officer speeding. Instead of disciplining the driver, officers were dispatched to arrest Gibbons.

"The First Amendment protects the right not only to criticize and film police, but also to post it online. The police department didn't treat this as a crime until Joshua posted this online and embarrassed the department," Steinbaugh said. He added that the case was "as lawless as it was hypocritical" and that the department's actions "were all to make an example out of a critic."

The lawsuit states that within two hours of being made aware of Gibbons' video, officials obtained an arrest warrant for speeding, using a cell phone while driving, and disorderly conduct. FIRE noted the warrant came from a court clerk rather than a judge. Just before dawn the next morning, eight armed officers raided Gibbons' home in footage captured by security cameras and cell phones. They arrested him in front of his elderly mother and his daughter. This raid happened just nine days after he filmed the speeding officer.

Gibbons endured two trials over nearly four years before a Tennessee appellate court recently dismissed the charges. "That's a long process that can take a mental toll on someone," Steinbaugh said, noting that Joshua wants to send a message to this department.

We think he wants to see some reforms to this department, and we're happy to support him," Steinbaugh stated.

In the opening round of legal action, a judge cleared him on speeding and cell phone counts but ruled against Gibbons for disorderly conduct. The judge explained that he was "offended by the way" Gibbons spoke to the officer. Gibbons took the case to the county circuit court where a jury agreed with the initial finding and convicted him of disorderly conduct.

Then in June, the Court of Criminal Appeals of Tennessee unanimously reversed that verdict and tossed out the charge entirely. They found there was "no evidence" that Gibbons' criticism stopped anyone from doing lawful business.

The court added that Gibbons "did not threaten anyone," engaged in no violence, and did not create a physically offensive or hazardous situation. Officials noted even "'profane and insulting' words alone will not rise to the level of a crime." This holds true especially when aimed at police, who are trained to exercise a higher degree of restraint than the average citizen.

"If you are a law enforcement officer, you are required by your uniform and by the First Amendment to tolerate criticism," Steinbaugh said. "Some of that's going to be fair criticism, some of it's going to be unfair criticism." He insisted that officers do not get to arrest people for speaking out. That is the message they want to send to this department and others across the country.

Kingsport Police did not respond to Fox News Digital's request for comment in time for publication.