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VOL. 48 | NO. 35 | Friday, August 30, 2024

The line between free speech and theft, vandalism

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On a hot Saturday morning at the end of June, dozens of gay rights supporters marked the close of Pride Month in Nashville by painting a rainbow crosswalk at the intersection of Woodland and 14th Streets outside the Lipstick Lounge, three blocks from my home.

It took only three days for some clown to come along and deface it.

That clown, Isaiah T. Tester, 24, has now been arrested. He’s charged with vandalism of government property, says Steve Hayslip, a spokesman for the Nashville district attorney’s office.

It’s a Class A misdemeanor with a potential jail time of 11 months and 29 days, a fine of up to $2,500 or both. Tester, of Murfreesboro, has been released after posting a $10,000 bond. A General Sessions Court date is set for Sept. 13.

Normally, I would hedge my identification of Tester as the clown in question. But Metro police say he admitted the crime to a co-worker and to police detectives after a tip pointing the finger at him came into Nashville Crime Stoppers.

I guess he figured that, to put it in old gangster movie terms, the jig was up.

It’s worth speculating how much of a penalty Tester is likely to pay for his action, which was also captured on video. I suspect the end result will be less than the maximum, and will involve an apology and an expression of remorse, as his legal counsel will no doubt advise.

He’s also reportedly been fired from his job with a vehicle window replacement company whose van he was driving when he poured what appeared to be black paint on the multicolored crosswalk.

But there are those who would probably give him a medal if they could.

I base this on responses to news of his arrest tweeted by Emily Benedict, the Metro Council member for District 7 and chairperson of the council’s LGBTQ Caucus.

“Excellent news!” she posted. “Thank you to the @MNPDNashville detectives and officers who worked to find this suspect. And thank you East Nashville and beyond for the support of the LGBTQ Community!”

Not everyone agreed that it was excellent news.

“Give that man a award,” Jr Martin ungrammatically responded, followed by an obscene slur against gay people.

“Where’s his go fund me?” wrote Ruf&R.

“What a waste of tax payer money and ‘Detectives’ time,” said TommY2canZ. “Pure pandering from the MNPD how pathetic.”

It’s easy to see why such posters hide behind vague X handles, given the inane nature of their comments and apparent erudition levels. But not all the critics were anonymous.

“Cant wait for it to happen again,” said Lucas Daggs.

“Democrats are fully showing their allegiance with Satan,” said Neil Walker.

And of course there was the usual victim-blaming: “You put a provocative symbol on the street and it will... provoke,” said Martin Kennedy. “Great job stirring up animosity.”

And where would any discussion of public happenings be without someone raising a false-equivalency banner? “He gets arrested, but you don’t for burning the flag?” e.thomas999 observed.

Let me see if I can explain that in a way that even e.thomas999 might understand. Burning the American flag is indeed protected speech, as decided by the Supreme Court in 1989 in a case styled Texas v. Johnson.

But I’m pretty sure that doesn’t mean you could legally lower the American flag flying over the Metro Courthouse and set it ablaze – or steal someone else’s flag and burn it with impunity.

If it’s the rainbow symbol of gay pride that Tester or e.thomas999 or anyone else is intent on desecrating to express their homophobic views, they’re certainly free to buy their own flag, T-shirt or whatever and have their way with that. But none of them have the right to vandalize government – which is to say public – property.

It will be interesting to see whether any of Tester’s defenders on X show up to voice their support at his court appearance. I kind of hope they do. That would turn one clown’s lawless act into a whole clown show.

Joe Rogers is a former writer for The Tennessean and editor for The New York Times. He is retired and living in Nashville. He can be reached at [email protected]

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