Comedian to receive $90K settlement from state in free speech lawsuit

The New Mexico State Police has agreed to pay $90,000 to a New Mexican comedian to settle a lawsuit that alleged the law enforcement agency violated his right to free speech after he was criminally charged for wearing a State Police uniform in a TikTok video.

"What began as a harmless and clearly comedic video understood by the public as parody devolved into a campaign of harassment, coercion and retaliatory prosecution," the lawsuit states. 

Aldin Hamdy, 31, of Santa Fe, regularly posts comedy and satirical videos about New Mexico on TikTok. In 2024, Hamdy posted a series of parody videos while wearing an NMSP uniform, which he found while helping at a local dry cleaner business in Santa Fe.

In the videos, Hamdy made several jabs at New Mexico police officers, with one video stating "5 Reasons to be a crooked officer in New Mexico." 

"Number three, so you can sneak in burner phones to your homies at the MDC (Metropolitan Detention Center)," Hamdy said in the videos. "Number four, so you can turn your lapel camera on and off whenever you want."

Other videos show Hamdy rapping and performing skits about stealing cars, selling fentanyl pills and taking bribes to get people out of jail, all while in a State Police uniform. The videos are still on Hamdy's social media accounts and have amassed a combined 1 million views since 2024.

Hamdy in February 2024 was criminally charged with unauthorized wearing of a uniform or badge — a misdemeanor charge — but the case was dismissed after Hamdy's attorneys filed a motion to dismiss the case on the grounds of free speech. A judge agreed and granted the motion. 

“The evidence presented here strongly suggests that (Hamdy) was charged based solely on the content of his speech and not for the content neutral activity (display of a uniform) proscribed by the law,” Santa Fe County Magistrate Judge Morgan Wood wrote in an order.

Hamdy filed a lawsuit against the state in June, claiming that his First Amendment rights had been violated and that officers had retaliated against him for making the satirical videos. On Dec. 24, the state settled with Hamdy for $90,000. In return, Hamdy and his lawyers would dismiss their lawsuit against the state, according to court records posted on the New Mexico Sunshine Portal.

"While it may seem large, we are required to pay for mental health expenses that my client required and his attorney fee for both the criminal and civil rights case," said Hamdy's lawyer, Israel Chavez. "Ultimately, my client's goal was to ensure that government criticism does not get silenced." 

New Mexico State Police declined to comment on the case.

The Department of Public Safety sent two NMSP officers on Feb. 13 to Hamdy's home and the dry cleaning business and made "multiple comments that indicate that the true motivation for the investigation was that the NMSP officers took offense at the contents of the videos and not any actual legitimate law enforcement concern," according to the lawsuit.

Lapel video footage from the officers revealed that the officers stated that what Hamdy said in his TikTok videos did not properly reflect State Police or their values, calling the videos "nefarious" in nature. According to the lawsuit, Hamdy offered to remove the videos, and officers told him it was a "good idea, unless he wanted to be charged." 

In March 2024, on the same day as his arraignment, Hamdy announced that he would file a civil lawsuit against the state to preserve "the constitutional framework that protects everyone's right to speak freely, especially when that speech challenges those in positions of authority," according to the lawsuit. 

Nakayla McClelland covers crime and breaking news. Reach her at nmcclelland@abqjournal.com or at 505-823-3857.