David McNeely, private investigator, just got told by the Ninth Circuit Court of Appeals that he doesn’t have a First Amendment right because he didn’t exercise it properly, even though nobody ever did say you had to wave a flag to keep your liberty from gettin’ stepped on.
See, McNeely’s name got dragged out into the open like a cat out of a burlap sack after a trackin’ device turned up on Reno Mayor Hillary Schieve’s car. The thing was stuck there without her say-so, and when the Sparks Police Department went sniffin’, they came up with McNeely’s name–then promptly handed it to the press like a prize squash at the fair.
They didn’t charge McNeely with anything, mind you–just had his privacy and professional reputation cracked open and aired like yesterday’s laundry. When he said, “Hey now, that ain’t right,” and filed suit, he figured the Constitution might have something to say about it.
It turns out–it did–but by judges telling him he misunderstood it.
Judge Larry Hicks tossed the whole shebang in May of 2024, saying McNeely didn’t correctly allege a First Amendment claim, didn’t have any real expectation of privacy, and hadn’t shown that the cops acted “outrageously,” because these days, publishing a man’s name without cause is just business as usual.
Hicks got hisself run over and kilt the same month and year while possibly jaywalkin’.
McNeely took it up to the Ninth Circuit, hoping someone there might squint a little closer. But no such luck.
The panel said he failed to allege “a cognizable legal theory,” and that he hadn’t shown a causal link between the City’s actions and any retaliatory motive–because, of course, if the City doesn’t admit to being vindictive, it must be entirely above suspicion. What they didn’t say, but might as well have, was, “You didn’t shout loud enough, Mr. McNeely, so your right to speak don’t matter. And since you didn’t tape a sign to your chest and parade through the town square, you don’t get to say your privacy was violated either.”
Now, far be it from me to call a judge blind, but it does make a body wonder–when did the Bill of Rights become a game of “Simon Says?” Is a man’s First Amendment only good if he does the paperwork right and presents it in triplicate?
McNeely’s crime wasn’t planting the tracking device—it’s assumin’ the Constitution worked without needin’ to shout into a bullhorn first. And, maybe thinkin’ a little too highly of a justice system that finds no offense in draggin’ a man’s name through the mud without proof or apology.
So, while City Attorney Wes Duncan crows about vindication and “nothing wrong” having been done, Mr. McNeely is left holding the bill–and the bitter knowledge that a right unrecognized by the court is just as useless as one written down.
Now, ain’t that a thing?