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Originally Posted by Fbone
Don't forget Mr Greaves' book was reviewed by the Florida State Attorney's Office and by Polk County Judge J. Michael McCarthy, who found probable cause to issue an arrest warrant. The County Sheriff didn't act alone.
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True enough about the judge. The attorney general's role in extradition is only to review the paperwork and forward it to the other state; there is no independent verification of the facts underlying the crime.
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Arraignment isn't until Jan 25, 2011 so we won't know until then if and when this goes to trial.
As to whether Mr Greaves' book is protected by the First Amendment, at the moment only a jury can decide. Can you imagine how difficult the jury selection for this case will be, if it comes to this?
Also, I am surprised that the ACLU and other civil liberty groups haven't offered to represent Mr Greaves. Instead he is relying on a public defender.
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It looks like a trial is the next step. The ACLU never does criminal cases. But I would imagine a pro-bono 1st Amendment lawyer will eventually do the case.