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Civil rights attorney breaks down jury decision in former Sheriff David Clarke trial

MILWAUKEE, Wis. (CBS 58) -- A Federal jury sided with former Milwaukee County Sheriff David Clarke, saying he did not violate Daniel Black's civil rights when he posted a meme calling him a snowflake on social media. 

Clarke posted it as a jab towards Black after he filed a complaint over being detained at the airport.

Civil rights attorney Nola Hitchcock Cross says the issue of free speech can be tricky. 

"The first amendment, as we all know, primarily speaks to free speech that we can say whatever we want, so really the case is a question of how far that can go," Hitchcock Cross said. 

How far can it go? 

"This is exactly the line that the jury had to decide," Hitchcock Cross said. "That's the pulse of the whole thing where the speech would cause the person to feel immediately threatened."

Hitchcock Cross says while the post may be improper, the jury sided with Clarke because the verdict ultimately came down to one question posed to jurors.

"Would a person of reasonable firmness be intimidated enough by those comments that they wouldn't in fact push back, filing a complaint with the sheriff's office?" Hitchcock Cross said. 

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