ACLU of Mississippi and SPLC File Complaint Against City of Lexington for Violating Free Speech Rights of Plaintiff

JACKSON, Miss - Today, the American Civil Liberties Union of Mississippi (ACLU-MS) and Southern Poverty Law Center (SPLC) filed a lawsuit on behalf of plaintiff Terrance Gypson, alleging that the city of Lexington and Lexington police violated his First Amendment rights by throwing him to the ground and arresting him. On May 24, 2024, Gypson, a 29-year-old Black man, was assaulted and arrested by police for recording a police action, even though he stood at a safe distance and did not interfere with the police.

The SPLC and the ACLU-MS filed the joint complaint — Gypson v. Lexington — in the U.S. District Court for the Southern District of Mississippi. The complaint includes allegations that Lexington police officer Robert Boyd charged at Gypson with a taser, threw him to the ground and arrested him without probable cause — all because Gypson was exercising his right to record the police.

“Police have a powerful role in our society. That role must be performed within certain boundaries. When those boundaries are broken, police must be held accountable. Here, Mr. Gypson was exercising his constitutional right to record police without interfering with them and was arrested for doing so,” said Joshua Tom, legal director, ACLU of Mississippi.

In September 2024, the U.S. Department of Justice issued a report finding that the “Lexington Police Department engage[s] in a pattern or practice of conduct that deprives people” of their constitutional rights, including retaliating against people who film officers, in violation of their First Amendment rights.

“Recording the police is a critical tool to ensure that there is a fair record of what happens when police officers interact with the communities they serve; therefore, all citizens have a right to record the police in public spaces. Mr. Gypson’s right was violated,” said Christoper Graves, senior staff attorney, SPLC. “Mr. Gypson stayed out of the way but was arrested anyway. This is a clear violation of his constitutional right to free speech and his right against unlawful search and seizure.”

The state of Mississippi charged Gypson with a misdemeanor but later dismissed the charges with prejudice.

The SPLC and the ACLU-MS, on behalf of Gypson, are seeking a judgment in favor of the plaintiff for compensatory damages, policy and practice reforms, and tighter oversight of the Lexington Police Department, with the goal of holding the department accountable for its discriminatory patterns and practices while bringing awareness and education of rights to community citizens.