‘Felony-level trolling’: Supporters outraged after Navy veteran allegedly jailed for ‘satirical meme’
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Hood County Constable John Shirley explained to the news outlet that the allegedly impersonated activist “very openly, loudly, and publicly hates” Brown.
“It’s a picture of a political sign that anybody who knows the person whose account this was pasted onto would know that it’s fake and a joke,” Shirley said.
“I’m outspoken about the First Amendment. I believe in the Constitution, I believe in the Bill of Rights,” Shirley continued. “This kind of stuff really smells of authoritarianism.”
State law prohibits using “the name or persona of another person” to “harm, defraud, intimidate, or threaten any person.”
While Sheriff Roger Deeds told Blaze News that “this case is still under investigation so I cannot comment further on it,” the sheriff’s office still appeared to reference the case in a November 10 Facebook post.
“The Hood County Sheriff’s Office has been made aware of numerous social media posts with regards to bullying, harassment, threats and similar, directed towards citizens in our community,” a bulletin from the office read. “While certain online posts may seem offensive, cruel, threatening or inappropriate to some, much of what is posted online is protected by the 1st amendment. However, these acts may sometimes constitute a criminal offense, such as the example below, from a recent and notable case.”
The example cited in the office’s announcement referenced Texas Penal Code § 33.07, online impersonation. The sheriff’s office concluded the bulletin by encouraging any additional potential victims to file an offense report.
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The arrest of Krottinger prompted Nate Criswell, former chair of the Hood County Republican Party, to start an online petition to urge the district attorney to drop the charges.
“Tech-illiterate Boomer Sheriff Deputies in Hood County, Texas arrested my friend for felony-level trolling,” Criswell wrote on social media.
Texas attorney general candidate Aaron Reitz also spoke out about the charges.
“From what I can tell, Kolton Krottinger created an obviously satirical meme. Moreover, his conduct doesn’t appear to meet the ‘intent’ requirement under Texas Penal Code § 33.07 (Online Impersonation). On its face, this case seems far outside the scope of the statute’s text, purpose, and precedent,” Reitz said.
Reitz speculated that the charges would ultimately be dropped.
“But that provides little immediate relief and doesn’t undo the current or past injustices that have led to this point,” he continued. “Kolton may also have recourse under 42 U.S.C. § 1983 if the County has deprived him of his First Amendment rights, which I strongly suspect it has done. The longer this situation continues, the greater the potential liability for Hood County.”
On Wednesday, Brown, the former school board candidate, filed a complaint with the sheriff’s office concerning Krottinger’s arrest and treatment.
“Mr. Krottinger shared a harmless political satire meme related to a local school board election. He was arrested, handcuffed, placed in solitary confinement, classified as ‘high-profile,’ had his phone confiscated, and denied access to social media, which is his livelihood,” Brown wrote.
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