Falmouth Police Department Is Breaking The Law

Before I explain, I would hope they’d be good for public safety, especially since, in the recent wisdom of the city council and mayor, their budget is astronomical. $1.1 million is an underestimate. I believe this year it might swell even higher. That smells fishy for a town with a footprint of 1.3 square miles and a population of, at best, 2,500.

Wow. With that kind of budget, crime should be nearly eradicated. Fentanyl should not be that much of an issue. Heroin should be nearly gone. Right? No. Instead, the Falmouth Police Department chooses to harass citizens for using a plant that helps with health.

Sure, cultivation is still illegal under Kentucky law, though most states have gotten rid of that ridiculous restriction for under 6 plants. But busting in someone’s door over a plant that treats a myriad of health issues is not a good look. It’s not the attaboy they seem so desperate to earn.

It’s almost embarrassing that they used a battering ram to bust in a door for marijuana, in 2025. And in the photo below, you’ll see what looks like a drawn gun. Must have been dangerous.

If you’ve ever heard Alice’s Restaurant by Arlo Guthrie, there’s a line in the song that goes:

“They took twenty-seven 8 x 10 colored glossy photographs with circles and arrows and a paragraph on the back of each one explaining what each one was to be used as evidence against us.”

Well, if you read the full article the department wrote, it is reminiscent of that song, especially this line:

“Multiple green leafy plants consistent with marijuana growing behind the residence were observed and photographic evidence was obtained.”

The similarity is in the hypocrisy, ridiculous laws being enforced while greater threats are ignored.

And speaking of hypocrisy, what kind of look is it when there’s still no explanation for the mayor having a THC vape pen in her office? Since I made a records request and was told there was an “ongoing investigation,” why has that case never been answered, explained, or moved on?

It’s always rules for thee and not for me when it comes to officials in Falmouth, KY. Always. Which brings us back to the topic of this article: the Falmouth Police Department is breaking the law while enforcing it. By deleting and hiding comments, even limiting posts, on their public Facebook page, they are violating rights.

As a public, official page, that page is considered a public forum. It is protected under the First Amendment of the Constitution.

What the Law Says

If a public agency opens the floor for public comment, even online, it can’t just silence people it doesn’t like.

Courts have ruled again and again:

If a post is public, on an official page, and comments are allowed… then citizens have the right to speak, especially criticism of government.

Deleting comments, hiding them with filters, or shadow-banning critics isn’t just bad optics, it’s a violation of constitutional rights.

This includes:

Deleting or hiding comments because someone disagrees with the department

Using keyword filters to auto-block criticism, Turning off comments only after negative attention, Selectively applying a “policy” that just so happens to block critics.

That’s called viewpoint discrimination. And it doesn’t fly under the First Amendment.

Yes, This Has Been to Court

This isn’t speculation. Federal courts have ruled on this. One major case, Davison v. Randall, made it clear:

If a government agency or official uses social media for public communication and allows comments, they can’t pick and choose who gets to speak based on opinion.

It’s no different than letting some people speak at a town hall while cutting off the mic for everyone else. The venue might be digital, but the law still applies.

Honestly though, Falmouth, this does not surprise me. For those who haven’t seen it:

1. When you go onto the Police Department’s page, they are limiting comments.

2. The post below clearly shows 20 comments, but when you click “all comments,” only 2 are visible. Just a few days ago, more were there. They’ve deleted or hidden every one that was critical.

This is exactly like when they blatantly blocked people in the past, then backtracked, lied, and acted like it didn’t happen. Well they cannot delete or hide us and it’s our constitutional right to speak out about these issues.

Whisper One Out