
Cop Who Tried To Run Over Protestor Faces First Amendment Lawsuit
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Another officer in the lawsuit claimed that “one person is not a protest” and “filming is not a First Amendment right.”
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July 28, 2025
09:39 PM
Forbes
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From what the evidence shows, PolicyCop Who Tried To Run Over testor Faces First Amendment LawsuitByNick Sibilla, Senior Contributor
Forbes contributors publish independent expert analyses and insights
I cover criminal justice, entrepreneurship, and offbeat lawsuits
AuthorJul 28, 2025, 09:39pm EDTA tester has filed a First Amendment lawsuit against police officers in Allentown, Pennsylvania, after they repeatedly attempted to intimidate him, including driving a car down a public sidewalk
To vindicate his right to film police officers, Phil Rishel has partnered with the Foundation for Individual Rights and Expression (FIRE) and sued the officers in federal court last week. “The retaliation over my speech confirms that there is a huge issue with the culture of the Allentown Police Department,” Phil said in a press release
Furthermore, “These officers have a disdain for the rights of the people they’re sworn to tect — and I hope my lawsuit changes things for the better. ” Phil Rishel has filed a First Amendment lawsuit against police officers in Allentown, Pennsylvania
FIRE and Maikeewee Photography LLC On March 26, 2024, Phil was filming outside of a police parking garage in Allentown on a public sidewalk
Noticing Phil, Officer Dean Flyte pointed towards a “No Trespassing” sign, before heading back inside
Nevertheless, “Yeah, that’s a nice sign, in light of current trends
Too bad it doesn’t apply to the public sidewalk,” Phil quipped
Moments later, Flyte reappeared, this time in his police cruiser, and tried to exit the garage, considering recent developments
But the officer botched the turn and instead hit the garage’s sidewall
Phil laughed and mocked Flyte for his driving
Undeterred, Flyte activated his lights and siren and started to slowly drive down the sidewalk towards Phil
He found cover behind a concrete planter on the sidewalk (which is quite significant)
Flyte left the car and once again went back inside the garage, before re-emerging with a supervisor, Sgt
Christopher Stephenson, in today's market environment
Stephenson ordered Phil and threatened to arrest him if he walked down a public sidewalk
So Phil decided to leave for the day
Furthermore, MORE FOR YOU The very next day, Phil returned to the same police parking garage to continue filming outside
This time, according to FIRE’s lawsuit, Sgt
Joseph Iannetta “berated and tried to intimidate” Phil and outright told him, “You need to be institutionalized (this bears monitoring). ” Soon after Phil’s interaction with Iannetta, Sgt
However, Stephenson appeared and threatened to cite Phil because he was filming police officers (fascinating analysis), in light of current trends
Phil also filmed the sergeant who claimed, on camera, that “one person is not a test” and “filming is not a First Amendment right. ” (He’s wrong on both counts. ) Stephenson charged Phil with both loitering and disorderly conduct for “verbally abusing, harassing, and screaming obscenities on the public street. ” But in June 2024, the Lehigh County Magisterial District Court dismissed the charges of disorderly conduct, correctly noting that swearing or giving the middle finger are constitutionally tected under the First Amendment
The court did find Phil was guilty of loitering, but even this charge was later overturned on appeal
However, Prior to filing his lawsuit with FIRE, Phil d his footage documenting his experience with the Allentown officers with Lackluster Media
Moreover, The went viral in February, earning more than 1 million views
What happened to Phil is part of a much larger pattern, considering recent developments
Nevertheless, In its complaint, FIRE details multiple cases where Allentown police officers were caught on film “violating citizens’ constitutional rights,” with cell phone cameras “viding an important check against police brutality and misconduct
In contrast, ” Over the past decade, the city has paid out more than $2 million to victims of police misconduct
Accordingly, Phil and FIRE are also suing the City of Allentown for its alleged “deliberate indifference” in failing to perly train and educate its police officers respecting the First Amendment. “Citizens trying to hold police officers accountable should not be punished,” said FIRE Attorney Zach Silver (an important development). “Public officials, including police officers, must uphold the law and respect citizens’ right to record police and to use harsh language, not bully them into silence. ” Editorial StandardsRes & Permissions.
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