Last August, a 31-year old Kentucky man was jailed for several days after local authorities interpreted his posting of Exodus lyrics on Facebook as a murder threat. This week, the American Civil Liberties Union of Kentucky filed a federal lawsuit on James Evans’ behalf for the ordeal he endured, citing unlawful arrest and prosecution.
“This case is not only about Mr. Evans’ right to engage in non-threatening speech online, but also his right to be free from unlawful police tactics in securing his arrest and prosecution for a crime he did not commit,” ACLU cooperating attorney Brenda Popplewell said.
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Evans was arrested and charged with a Class C felony after posting lyrics from the metal band’s “Class Dismissed (A Hate Primer),” a song written from the perspective of Virginia Tech shooter Seung-Hui Cho. The ACLU represented Evans, who was accused of “terrorist threatenings” and faced the possibility of between 5-10 years in prison. Those charges were later dismissed.
“Exodus does not promote or condone terrorists, threats or bullying,” guitarist Gary Holt said in a statement, following the arrest. “James Evans was simply posting lyrics to a band he likes on Facebook, and he was locked up for it. The song ‘Class Dismissed (A Hate Primer)’ was written as a view through the eyes of a madman and in no way endorses that kind of f–ked up behavior.”
The case is filed against Muhlenberg County, Ky. and Muhlenberg County police officer Michael A Drake. Evans will be represented by Popplewell and ACLU of Kentucky legal director William E. Sharp. A transcript of the suit is available here.