David Betras lauds Afroman as a hero of the First Amendment, explains why defamation suit filed against rapper was doomed

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In this episode of Legally Speaking on WFMJ Today, BK Managing Shareholder David Betras lends his unique perspective to the captivating case of Afroman, the rapper whose house was raided by the Adams County Sheriff’s Office.

Unfortunately for the deputies—and much to amusement of millions of people around the world—the entire incident, which included a rotund deputy longingly eyeing a piece of lemon pound cake on Afroman’s kitchen counter, was preserved for all time on the rapper’s extensive surveillance camera system. The raid produced no evidence of wrongdoing on Afroman’s part, who immediately did what he does best with the footage: use it as inspiration for a number of rap songs that were, shall we say, less than flattering to the deputies. The rapper’s creations went viral moments after he posted them on social media, eliciting worldwide scorn and derision for the deputies .

Unamused and totally lacking senses of humor—just as they had lacked evidence the Afroman was engaged in criminal acts—the deputies filed defamation suits against him in Adams County Common Pleas Court claiming they had been damaged by the videos. Among the damage: the deputy who eyed up the lemon pound cake received hundreds of them In the mail…

As David notes, the suit should have been summarily dismissed by they judge assigned to hear it. He didn’t and the case went to trial. After some testimony from the plaintiffs that was absolutely hilarious, the jury in the small rural county ruled in Afroman’s favor, proving, David observed that the Constitution is the Constitution and juror’s knew and obviously appreciated well-done satire when they saw it. And that, David said, was the key to the verdict in the case because satire is protected by the First Amendment. “I love this case because even in the smallest county in Ohio the jurors saw saw that this was really a ridiculous lawsuit.

David explained that the outcome of the case hinged on whether Afroman had libeled or slandered the deputies. A defendant is guilty of liable or slander if they knowingly made false accusations or statements about a person or persons and those parties suffered damages. Clearly, Afroman didn’t make any false accusations, everything the deputies did was caught on tape.

In addition, in 1988 the United States Supreme Court ruled unanimously in Hustler v. Falwell that ruled that the First Amendment prohibits public figures from recovering damages for emotional distress caused by parody or satire, even if it is “outrageous.” The deuputies were clearly public figures and Afroman’s work was indisputably satire. That’s why the judge should have tossed the case out of court immediately.

Fortunately, the jury corrected his error. So, to sum up, at the end of the day justice was done, the deputies who participated in the raid were justifiably embarrassed, and Afroman became an international superstar. And people ask me why I love the law…

BetrasKopp earns multiple Five Star Google Reviews from clients

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How do we ear so many glowing Five Star Google reviews from clients?

By doing what we always do: fighting tirelessly to seek and secure justice for our clients…
If you are someone you know has been injured in a car crash, hurt by a negligent doctor or health care provider, is suffering because someone else was negligent, is facing criminal charges, or is involved in a business dispute, contact the law firm that goes the extra mile for every client: BetrasKopp.

Here is a sample of our recent reviews:

Attorney Tallie Orengia

Kimber S.: I cannot say enough positive things about Attorney Tallie Orengia. From the very beginning of my custody case, she was professional, knowledgeable, and genuinely invested in my family’s well-being.

Custody cases are emotionally exhausting, but Ms
Orengia consistently provided reassurance, clear guidance, and strong advocacy every step of the way.
She took the time to truly listen to my concerns, explained the legal process in a way that was easy to understand, and always made sure I felt prepared and informed. Her attention to detail, strategic approach, and dedication to achieving the best possible outcome were evident throughout the case.
What stood out most was her compassion combined with her confidence in the courtroom. She fought tirelessly on my behalf while remaining respectful and focused on what was in the best interest of the child. I always felt supported and never like just another case.
I am incredibly grateful for her hard work and highly recommend Attorney Tallie Orengia to anyone in need of an exceptional family law attorney, especially for custody matters.

Gary  Squire: Dave Betras was outstanding on my case. He gave me his cell number always answered my calls his staff, including Julie were very nice to me and I was very happy about the outcome of my case.

D Custer: Very professional , helping me with all my legal needs . A great team of attorneys !!! Thank you !!

Grant Howdershelt posted: I’ve had several cases that Dave and the form has handled over the years,I must say they are the best.
Ashley: Dave is a wonderful attorney along with being very knowledgeable in the malpractice space ! He Recently talked with my father regarding some issues and helped him along the way as to what steps to take next! If you are looking for an attorney to help Dave is the guy !!!

Joseph Nohra: Where do I start? This firm gave me my life back. Attacked by the media and let down by many others who tossed me and my family aside, David, Brian, their attorneys, investigator, Kim, Julie, other staff, etc, etc, etc never left my side. On my lowest days, David and Brian double teamed on every facet of my case. They were honest and completely committed. They helped my spouse and children to cope with this aggressive case against me. All angles were addressed and they dropped everything to get me to the finish line. When I look back at this, I thank god that good friends – two very close true friends and brothers connected me to them. Watching them work was incredible. I could write for an hour about this firm. Not enough stars to rate them!

Allyson Fonseca: Betras is The best attorney in northeast Ohio! His office went above and beyond to get my case dismissed. Julie his paralegal was amazing her communication and all around knowledge made my nerves at ease going through such a tough situation. Thank you so much to Betras and the whole team you guys are amazing!

Juan Gomez Maldonado: Attorney Cassese. Worth every dime. This lawfirm has the best in both areas where I live Ohio and Florida . I’m always covered.

John Cantry Jr.: This Betras Law Firm is the best ever in the Entire area..There is not much this Law firm cannot do for you. PERSONAL INJURY, CRIMINAL, ETC….Mr. D.J.Betras is an absolute beast in any court room. Very, very well respected by Judges, prosecutors, and other lawyers. If this firm cannot help you, then it can’t be done. His own private investigator who assists in any form on various cases.

Dr. Pinkett: I am writing to highly recommend David Betras Law Firm for their exceptional legal representation and unwavering professionalism during a very difficult time for our family.

When our son encountered legal trouble while visiting from out of town, we were overwhelmed, unfamiliar with the local system, and deeply concerned about how everything would unfold. From our very first interaction, Mr.Betras was quick to respond, clearly communicated the process, and took immediate action to ensure our son’s rights and well-being were protected.
What stood out the most was his patience and compassion—not just with our son, but with us as a family. Our son being far from home in a stressful situation, it meant the world to have someone who treated us with such care, answered every question thoroughly, and never made us feel rushed or dismissed.
Thanks to Mr. Betras efficiency and legal expertise, we were able to navigate the situation with confidence and clarity. We are deeply grateful for the support and professionalism we received, and we would not hesitate to recommend him to anyone in need of a capable and compassionate attorney.

David Betras: more traffic stops, arrest are behind push for tougher seat belt law

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Why did Governor Mike DeWine ask the members of the Ohio General Assembly to make driving without a seatbelt a primary rather an a secondary offense?

BK Managing Shareholder David Betras answered that question and provided important information about what drivers should and shouldn’t do during a traffic stop in this edition of Legally Speaking on WFMJ Today. Watch the sement here.

At the outset, David reminded because driving without a seat belt is currently a secondary offense you can only be ticketed for it if you are stopped for another reason, i.e. speeding, running a red light, driving erratically, etc.

Before I offer my opinion on why the Governor wants to change the law, I want to remind everyone that as a general rule, the Fourth Amendment to the United States Constitution, requires law enforcement to obtain a  warrant before they can search persons, places, personal belongings –just about anything.

But the U.S. Supreme Court has carved out exceptions to the protections afforded citizens by the Fourth Amendment.

For example, we have less constitutional protection in our cars than we do in our homes.  So, in most cases, if the police want to search your home, they’re going to need a warrant because your home is your castle.

If, however, you’re driving down the street and you commit a traffic violation, cross the line, blow a red light, speed, that gives police the reasonable, articulable suspicion they need to pull you over.

What should you do when that happens?

First, pull over right away.

Second, keep your hands on the wheel at ten and two. Keeping your hands visible is critically important because this is the most dangerous time in a traffic stop from the officer’s perspective. They don’t know if someone just hijacked the car or if it’s actually Steve Vesey behind the wheel. When they arrive at the driver’s side window, they’re going to ask for three things:   your driver’s license, vehicle registration, and proof of insurance.

Take my advice here, because I get pulled over for speeding a lot and I know how to smooth out the process for all involved. I keep my registration and my insurance card in my visor. And then when the officer says, can I see your driver’s license? I always say to him, officer, I’m going to reach into my pocket and get it. Is that okay?

They always say yes.

If the officer asks you to get out of the caryou have to get out of the car. If you don’t get out of the car, they’re going to drag you out. People think, oh, I’m going to exercise my constitutional rights and refuse.

I tell people this all the time: the side of the road is not the place to engage a police officer in a debate about the Fourth, Fifth, or Fourteenth Amendments. Bu getting out of your car is the last thing you can be compelled to do during a traffic stop.

That means you do not have to answer questions you may be asked:

Where are you going? Officer, I choose to remain silent. Where are you coming from? Officer, I choose to remain silent. Were you drinking tonight? Officer, I choose to remain silent. Do you know why I pulled you over? No, officer, I don’t. The fact is you may incriminate yourself by answering any one or a combination of those questions.

So, be courteous, be nice, and just shup up.

Here’s another vital tip: don’t get out of your car before they ask you to do so. Exiting your vehicle before they instruct you to makes them very nervous.

Whether you remain in your car or leave it, if the police ask your permission to search your care never, never, never, say yes. If they had probable cause to search your car, they wouldn’t have to ask. But if they ask and you say yes and they find an old joint or discover something else that indicates you’re breaking the law you’re punched your own ticket to an arrest.

Finally, now that Ohio is a so-called Constitutional carry state you are allowed to carry a handgun your car, if a police officer asks if you have a gun in the car you are not allowed to lie. But I suggest that you tell an officer there is a gun in the car and where it is located.

All that said, I’ll now tell you why I believe the governor wants to move not wearing a seat belt from a secondary to a primary offense. It’s not to improve safety or reduce injuries caused by car wrecks.

It’s because, and call me cynical if you wish, doing so give cops another reason to make traffic stops which creates the opportunity for them to determine if the motorist in question is committing other crimes for which they can be arrested.

It’s as simple as that: more stops equals more arrests. So, in addition to making sure that your head doesn’t go through the windshield if you are in a crash, if Governor DeWine gets his way, buckling up will help keep you out of the big house.

As always, thanks for watching Legally Speaking on WFMJ Today. If you enjoy this program and wide variety of content we create, do us a sold by mashing the “Like,” “Subscribe,” and “Share” buttons. We deeply appreciate your support.