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Judge Orders Release of Brandon Raub, Detained Marine Veteran

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Richmond Times-Dispatch


A judge today ordered the release of a Marine Corps veteran being detained as a psychiatric patient after concerns over his Facebook postings.

After an hourlong hearing, Circuit Judge W. Allan Sharrett said an involuntary commitment petition issued against Brandon J. Raub was invalid because it contained no allegation or basis to holding him.

“The petition is so devoid of any factual allegations that it could not be reasonably expected to give rise to a case or controversy,” said the release order signed by the judge and sought by lawyers Anthony F. Troy and Brian D. Fowler.

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    Total 2 comments
    • desertspeaks

      Sue them under the 11th amendment in their personal capacity, this separates them from the state and strips them of their immunity!

    • airspoon

      To be fair, it’s not our Constitutional right to be able to post to Facebook. However, it is our Constitutionally protected right to be free from government interference while posting to Facebook. Our Constitution doesn’t give us our rights, nor does it tell us what we can do. Instead, it protects our self-evident, god-given rights (which we were born with, irrespective of any government or document) from government interference. In other words, our Constitution doesn’t tell us what we can do, so much as it tells government what it can’t do. Take for instance the First Amendment… The First Amendment doesn’t give you the right to say whatever you want, whenever you want to say it. It does however protect you from the government stopping you from saying whatever you want to say. For instance, you don’t have a First Amendment right to come on to my property and say whatever you want to say, because the First Amendment doesn’t apply to me. It applies to government and protects me (and you) from the government only. If Facebook wanted to start cracking down on speech (as it already does), then it has the right to do so and it wouldn’t be violating the First Amendment or the Constitution.

      Don’t get me wrong, I completely support Brandon Raub and I think his detainment was unconstitutional since it was the government interfering with his god-given right to free speech. However, it makes the freedom movement look ignorant when you have people citing the Constitutional all wrong, especially when they claim the champion the Constitution. Unfortunately, the majority of Americans think that the Constitution gives us our rights, which is just wrong. If something gives you your rights, then that same something can take those rights away. We were all born with our rights and nobody gave them to us, therefore nobody can take them away from us. We can either choose to give them up, or fight to keep them.

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