Gueydan Arrest Over Facebook Comment Has Locals Debating Free Speech

A Facebook comment targeting a Gueydan police official has led to an arrest, additional charges and a warning from the department to residents: "think before you post."

According to the Gueydan Police Department, officers became aware of multiple threatening comments made on Facebook posts concerning Assistant Chief Matt Touchet.

Police specifically pointed to a comment posted from a profile using the name "Frank Rizo," which allegedly stated that someone should "burn his house down."

Investigators said they determined the profile was associated with Joshua Deperrodil.

Police then obtained a warrant for Deperrodil under Louisiana Revised Statute 14:122.2, which covers threatening a public official or law enforcement officer.

Police Say Suspect Was Found On Roof Of Residence

According to the department, officers later located Deperrodil and attempted to take him into custody.

Police said Deperrodil was on the roof of a residence and refused multiple commands to come down. During the encounter, investigators allege he made additional threatening comments involving officers and their employment.

Deperrodil was eventually taken into custody and transported to the Vermilion Parish Correctional Center.

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Gueydan Police said he was booked on two counts of threatening a police officer and resisting arrest.

The department did not provide additional details about the circumstances surrounding the original Facebook discussion involving Touchet.

Arrest Quickly Sparks Free Speech Debate Online

The police department's public notice did not end the conversation. Instead, its comment section quickly became another debate of its own.

Some commenters supported the arrest, arguing that statements made online can still carry real-world consequences.

"Just because you say it online doesn't mean you get a pass," one commenter wrote.

Another praised Gueydan Police, saying the original comment had gone "too far."

Others questioned whether the language described by police actually amounted to a criminal threat.

Several commenters focused specifically on the wording "someone should," arguing that it was different from directly saying the person posting the comment intended to commit the act.

"What happened to freedom of speech?" multiple commenters asked in different variations.

Others questioned whether police would devote similar resources to threats involving people who are not members of law enforcement.

The disagreement raises an important distinction. Whether a statement is offensive, angry or even disturbing is not necessarily the same question as whether it legally qualifies as a criminal threat.

What Louisiana Law Says About Online Threats

Louisiana law specifically includes social media when defining communications that can potentially constitute threats against public officials or law enforcement officers.

Under R.S. 14:122.2, the crime involves a verbal or written communication that communicates a "true threat." The statute defines a true threat as a serious expression of intent to commit unlawful violence against a person or group, made with the intent to place someone in fear of bodily harm or death. Louisiana law also specifically says the person does not have to actually intend to carry out the threatened act.

The statute further makes clear that written communication includes communications made through social media.

That does not mean every ugly, sarcastic or inflammatory Facebook comment automatically becomes a crime.

The U.S. Supreme Court has held that "true threats" fall outside First Amendment protection, but it has also required prosecutors in threat cases to establish some level of awareness by the speaker that the communication could be understood as threatening. In its 2023 Counterman v. Colorado ruling, the Court said recklessness is sufficient, meaning a person consciously disregarded a substantial risk that the communication would be viewed as threatening violence.

Whether the specific language attributed to Deperrodil meets those legal standards is ultimately a question for the criminal justice process, not a Facebook comment section.

Gueydan Police Issue A Warning After Arrest

In its statement, Gueydan Police said threats against public officials and law enforcement officers are taken seriously and that threatening statements made online will be investigated.

The department closed its notice with a simple message to the public:

"Think before posting."

That warning appears to be getting plenty of attention, although perhaps not entirely in the way the department expected.

Deperrodil is presumed innocent unless and until proven guilty in court.