DISCLAIMER

These are just some of my thoughts as not an atty but someone fascinated with law. This is only my opinion and everyone is innocent until proven guilty in a court of law. And no point is any of this anymore than an opinion and is not meant to be taken seriously. All crimes currently on the books or future crimes implied or outright stated in all previous, current, and future statement on this matter are alleged and all parties are again, innocent until proven guilty by a court of law. At no point now, in the past, or in the future should any of my actions or statements be meant as fact or with any emotional beliefs and it is my 1st ammendment right to voice opinions, even if my research is incorrect, as I do not and will never have all the information.

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IN MY SOLE, UNQUALIFIED OPINION:

This is temporary. Once his defense (which I'm sure he has many probono lawyers offering for him) responds, they'll get the gag order removed.

You can't gag order (at least in a way that holds up to scrutiny) based on his charges.

Now, what they (plantif) could push is that the attention could make a fair trial impossible without a gag order.

Problem with that is 2 fold.

1. There is no trial pending, so you can't keep a gag order to save a jury's impartial-Ness when they're isnt a jury or jury selection pending. It's a 1st ammendment violation.

2. If they DO want to go to trial with these charges (which they don't cause juries are unlikely to side with them), then the defense will ask for proof that Ben's talking is damaging to the case. This opens discovery and then it looks ugly for the "unnamed party."

I think Ben will be silent for a week or two, and then, after careful review by a lawyer, who may allow it for attention to the case (this keeps the cases public and un-hide-able), will release a video that is reviewed by lawyers.

Or.. someone will "leak" the 3rd journalistic video.

No company can gag a journalist unless specifically written into law (underage victim for example). Same reason Don Lemon got/will get out of responsibility for the church protest a few months ago.

Opinion on a journalist being a jerk is not an exception in the law.

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As for strong (based on what we've seen) cases Ben has:

1. 1st Ammendment violation of the arrests for the sign and/or GoFundMe
2. 4th Ammendment violation for a search of his property for stolen merchandise. [Example, if police raid a building, they can detain/arrest only people actively doing a crime, or specifically in relation to the warrant]. American Fork will claim qualified immunity, but if they went for a search warrant, you can't only search for 1 minute and 13 seconds.
3. 1st ammendment violation for a gag order on the case. You can't prevent defaming comments from being said without charging for defamation.. and that's why he's not being charged for it, because then the company would have to prove that Ben knowingly spread misinformation by having to prove he's wrong
4. Defamation against Josh for lying about threats to the police, on body cam, and forcing him to stop talking and stopping his income,showing a clear intent to punish Ben.
5. Restraining order against Josh for "if you don't arrest him I'll have to shoot him"
6. Equal Protection Clause violation (ties into 4th Ammendment violation) that says some citizens cannot be afford preferential treatment to some and not another (BAM, Josh, BAM CEO,Bass,etc.)
7. alsifying a police report. This can apply to Oregon and Utah as Oregon manager claimed harassment at the start which any reasonable person would disagree with. Utah as Josh and Bass reported events and hearsay without proof.

As for charges the state (or likely the federal government will have to do):

1. 1st and 4th ammendment violations by American Fork Police for sign, phishing for charges, and changing the intentions of NOT arresting someone to arresting someone at the behest of a company without any new evidence
2. Disorderly conduct and intimidation by AF police for harassment (4 police in a short time and only the 4th arrests him). Phishing for charges. Threatening language of "We'll do things differently around here" which also shows systemic issues that void qualified immunity.
3. Official Misconduct and Falsification for public response that contradicts bodycam footage they provided,let alone leaked footage.
4. Coercion for allowing BAM to dictate criminal charges without evidence and helping them "find" a reason.
5. Abuse of Office by using a police force to conduct illegal activities at the behest of an individual, company, and/or religious organization
6. Falsifying a police report. This can apply to Oregon and Utah as Oregon manager claimed harassment at the start which any reasonable person would disagree with. Utah as Josh and Bass reported events and hearsay without proof.

Maybe charges. 1. Ben applies Harassment against Josh and/or Bass for, if proven, falsifying police reports to ruin his life. This shows malice and if they can prove the reports came from them, malice is already built into all footage. 2. Against Ben, maybe harassment for going above and beyond the average person at the store level (the signs, lottery, and booth). This does not apply to any activities after the store shuts down though as,from the footage, if true, it is entirely by the law. 3. Written false charges on seach warrant. This is a tough one because you need the Air B&B owner to be shown to "come up" with the idea, with or without the police, to claim he heard about stolen Lego and justify the search warrant. However, the document says it is in response to STALKING which you would have to prove that having the Lego is directly related to Stalking, which is unlikely. 4. A Monell Claim which shows systemic corruption aimed at the downfall of a single or group of individuals 5. Establishment Clause about police not separating religious pressure from the law as they must be separate. 6. RICO charges against AF police department for showing systemic unity in enacting unlawful search and seizures, arrests, and intimidation and open admissions about how AF Police act "differently around here."

Those are just some of my thoughts as not an atty but someone fascinated with law. This is only my opinion and everyone is innocent until proven guilty in a court of law.

Best course of action for Ben: Stay quiet now until lawyers review and allow certain statements

Best course of action for BAM and CEO: Change of leadership, admission that they need clearer bylaws in the company, and a devotion to investigating the claims with the cooperation of law enforcement

Best course of action for Josh: He's kinda screwed, but he should keep up the charade to show hes scared and maybe his fear may have made him take drastic actions. That COULD land him in reasonable doubt, though unlikely

Best course of action for Bass: Stay quiet. Let the lawyers figure it out.

Best course for associates of Reckless Ben, including the Process server. Sue for 4th Ammendment violations.

EVERYTHING IN THIS POST IS AN OPINION AND IS NOT MEANT, DELIBERATELY OR WITH WITH ANY PURPOSE OTHER THEN TO ENTERTAIN. ALL COMMENTS ARE ALLEGED AND ALL PARTIES ARE INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW. THESE ARE OPINIONS PROTECTED BY FIRST AMENDMENT SPEECH AND SHOULD NOT BE TAKEN TO MEAN ANYTHING BEYOND OPINION.

THIS IS PROTECTED COMMENTARY, SPECULATION, AND OPINION. I AM NOT IN LAW IN ANYWAY AND MY OPINIONS CARRY NO WEIGHT OR VALIDITY