MARYSVILLE (CBS13) – The Yuba-Sutter Officer is now protected by armed guards after a Marysville podcaster threatened her life on his radio show.
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“Quit listening to this nutcase Dr. Luu. That gal should be set up against a wall and shot after this is over.”
For months a podcast host living in Marysville chastised the doctor for believing in science.
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“You know something people, these people need to be taken out and shot… Fauci, Birx, Phong, Luu. The whole bunch of them…actually causing us to be sick.”
County counsel for Yuba-Sutter was forced to propose a restraining order.
“This is clearly a clear and present threat of physical harm to the doctor,” said UC Hastings law professor John Myers. He says, based on court documents, restraint was in order for the radio host.
“They usually have to not harass, threaten, intimidate or stalk or otherwise do anything to the protected person. They usually have to stay a set distance away from the protected person,” said Myers.
We asked the law professor if the restraining order violates the podcast host’s first amendment right.READ MORE: Folsom Restaurateur Develops Rentable Kitchen Concept For Start-Ups Looking For Space
“You have a first amendment right to political speech in our country you do not have a first amendment right to threaten someone with physical harm,” said Myers.
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“You’re not going to be safe. You’re not going to be able to have the sheriff’s department protect you.”
The restraining order was not officially filed by the courts instead Professor Myers says it’s likely the judge is choosing to settle the issue in person.
“It looks as though it allowed the parties to reach an agreement,” he said.
Says Myers, who specializes in court filings like this one says it’s not the first he’s heard of health officials afraid for their jobs and their lives since the beginning of the pandemic.
“All these health officers are doing is trying to protect the community including the people who don’t like what they’re doing,” said Myers.
Based on court documents the settlement between the podcast host and Dr. Luu should be finalized in the coming weeks and the order dismissed.
Should the host continue to threaten the doctor the order can be refiled.MORE NEWS: Gov. Newsom Proposes Budget That Would Send $600 Stimulus Checks To Two-Thirds Of Californians
CBS13 did reach out to the podcast host for comment, but we have not heard back.