it shall be unlawful to threaten harass use a phone to do any of these things okay then you go to paragraph B the mere use of rude lewd or profane language is prima facie evidence of intent to threaten harass annoy or offend so you meet all of the elements just by using the f word in a text really I'm in a Texas law states I'm going to text my lawyer for you right now what do you think what do you think I'll do it right now in front of you I'm going to text my lawyer I'm not doing anything am I come on here there's my lawyer come on I'm gonna text him I just came out to say hello to the lieutenant all right well you have a good one Mr Bennett a few days after hearing officer Gordon Bennett tried to swap me for not wearing a mask in my courtroom I was at the courthouse chatting with a deputy and a lieutenant when Mr Bennett came out a link to the swatting video is in the description if you missed it to add some context to our conversation the day after the hearing that he kicked me out of for not wearing a muzzle the parties in the hearing reached out to me and told me that Bennett informed them that simply cussing in a text message is enough to be convicted of a crime and sentenced to up to a year in jail hey Mr Freeman Mr Bennett how are you I'm doing good Lieutenant how are we doing not bad did you listen to the audio without hearing no they never they've refused to give it to me I made sure it was available for you okay can I get a link or something in because so someone else came in and requested it as well um someone who was a party because they're playing open records games with me I've actually got my lawyer on the way out right now to they burned it okay to it I made sure you know what is there that was on record even I think it was for somebody else then I had your email attached really okay they burned it on a CD okay check my emails I haven't gotten anything from them except uh that was a physical CD okay so it is what it is all right I mean in the courtroom I gotta obey the rules like everybody so when are we getting rid of this mask mandate I'm sure that you and I probably agree on some things there yeah that is truly up to the boss lady the Chief Justice what do we need to do Bennett we don't have to work against each other we can work together well there was one problem that I my attitude really nasty threatening phone calls that I've been getting oh okay from not from me from folks that saw your video I haven't even published the video yet I've got the body cam I've got everything I haven't published anything yet I told the story green screen oh okay yeah there's one on the other one and I started getting some really nasty phone calls okay saying why don't you come out and take me on you [ __ ] I mean I am a Judicial officer I run a tight courtroom that's it but the hearing was set I mean recorded everything that was on the record was dumped onto the CD okay everything is available video and audio no video okay what are the cameras in there for the cameras are in there so that people can monitor in case something happens okay so they're not recording though they're just the courtroom ones yeah not normally okay they weren't on that day the parking lot ones and some of the other ones it's above my pay grade okay I don't know all right all I know is that well I certainly wouldn't condone threats but I think you can see how people are really getting sick and tired of some things and appreciate that um but I just I didn't threaten any arrests I didn't call them up to request anything I just asked you to leave my courtroom and if not well I was told by quite a few people back there that you demanded that they arrest me and bring me back into the courtroom for a contempt hearing then you were told very wrong okay that's inaccurate things like that okay ever Lieutenant will verify so you didn't ask for them to arrest me or bring me back for contempt here no but as you can see under things you ain't supposed to be recording in there either and when you open the door it showed your camera through there that was definitely not only a violation of rules but that was a thumb in your nose at me are they are you saying I taunted you a little bit are you saying it didn't are you easily taunted no absolutely are you easily provoked I'm not even okay I am a very patient man I take constitutional rights extremely seriously okay in fact I just finished reading the U.S versus rahimi a brand new case out of the fifth circuit regarding constitutional rights and domestic violence can uh restrictions and no I didn't say that I was going to arrest two kids for cussing I said here is the law I don't know where we got so impolite these days but it's on the hearing you can read it so are you saying it is illegal to cuss in messages back and forth or 30-20-30-12-20 New Mexico no there's a Dutch 20-12 New Mexico statutes annotated is that disorderly conduct by any chance no okay uh here or offended okay it shall be unlawful to threaten harass use a phone to do any of these things okay then you go to paragraph B the mere use of rude lewd or profane language is prima facial evidence of intent to threaten harass annoy or offend so you meet all of the elements just by using the f word in a text clearly he read the 1967 statute but he said a moment ago that he takes constitutional rights very seriously if that were actually the case then he would recognize a piece of legislation that blatantly violates constitutional rights the way that this does if using the f word in a text message is a crime then most of the population is going to jail I would love to fight this Statute in the circuit court so I tried to get him to witness me saying the F word in a text message so that I could be charged and start fighting the constitutionality of this legislation he refused to watch me commit the alleged crime of using the f word in a text message really I'm going to text my lawyer [ __ ] you right now what do you think what do you think I'll do it right now in front of you I'm going to text my lawyer [ __ ] you I'm not doing anything am I come on here there's my lawyer come on I'm gonna text him [ __ ] you I just came out to say hello to the lieutenant all right well you have a good one Mr Bennett here's the actual recording from the court hearing where Mr Bennett told everyone that it's illegal to cuss in text messages he reads the unconstitutional legislation specifically Part B and then begins reading their text messages please don't be mistaken I am not arguing that legislation saying that it's illegal to terrify intimidate threaten or harass is unconstitutional I'm simply arguing that part B the part that Gordon Bennett is focusing on is blatantly unconstitutional as it claims that using a cuss word alone constitutes threatening or harassing someone now someone who truly takes constitutional rights seriously as he claimed wouldn't have to wait for another Court to rule that part B is unconstitutional he would be able to make that determination for himself here's the steps both you need to be aware of 30-20 verse 12. so the criminal statute is listed as use of a telephone to harassed annoy or offend this States it shall be unlawful for any person to terrify intimidate threat to harassingly or offend telephone another and use any obscene limit or profane language or suggest any lude criminals lascivious Act or a threaten to inflict injury or physical harms and personal property of any person it shall also be unlawful for any person to attempt by telephone to extort another thing of value for many other person or to otherwise disturb the repeated disturbed by repeated Anonymous telephone calls the peace plant the ride of privacy of any other person at the place where the telephone caller calls were received or maliciously make telephone call whether or not conversation issues would begin sues with the attempt to annoy or disturb another or to disrupt the Telecommunications of another paragraph B's Mark and I want both of you to listen to I'm imposing the use of obscene lewd or profane language or the making of a threat or statement is set forth in subsection a shall be prima facie evidence of intent terrified intimidate threaten irrational irrit Ms delay you just letting all this [ __ ] offend you funny how you tell me how many Jews are his Mr chamber you're the one said you're just letting all this [ __ ] offends you and that you tell me how to grow up all the [ __ ] time you can't grow up yourself you still act like a [ __ ] child does that qualify for that statute I just read don't answer fine let me post group [ __ ] talking about you let's see if it hurts you I don't know how it happened in our society maybe it's because of TV I don't know it was a language like that in the text you put it in writing it stays forever that's illegal both of you can be charged with misdemeanor disability evidence they need to convict both of you penalty up to 364 days in jail and up to a one thousand dollar fine in conclusion of this episode I'd like to explain two more things first I strongly support everyone's right to be armed and everyone's right to self-defense anywhere at any time the New Mexico courts however don't share this belief and have made their own rules that in Court's only law enforcement officers are allowed the right to be armed I personally strongly support Gordon Bennett's right to carry a firearm despite what the government says about it I do however find it strange that he's chosen to violate the rule banning guns in court as he should but he tries to enforce the arbitrary mask Rule and finally Gordon Bennett is a hearing officer and a number of people in the last video asked what a hearing officer is they are not a judge they're not even a magistrate they are simply a court employee that the elected judge uses to avoid doing their job at the cost of the taxpayers Shannon Murdoch is the elected judge but in order to avoid conducting hearings herself as the people elected her to do she appointed Gordon Bennett to hear her cases he then writes an opinion of how the judge should make a ruling and the judge makes a ruling based off of his opinion this isn't unique to the Seventh District either this is how almost every Court across the USA works so you didn't ask for them to arrest me or bring me back for contempt uh-huh [Music] yeah we'll do it we can yeah oh I know James