Jan. 11, 2019

Does Free Speech End at Probable Cause?

When one's speech - rather than criminal activity - prompts an arrest, can a First Amendment retaliatory arrest claim be sustained where there existed some probable cause for the arrest? The Ninth Circuit says yes, but most other circuits hold otherwise, and SCOTUS will soon decide the issue in 'Nieves v. Bartlett.' Opposing parties in the pending case, Lisa Soronen (amicus supporting law enforcement) and Tyler Broker (representing the arrestee plaintiff), present their views.

Lisa Soronen

Executive Director, State and Local Legal Center

Phone: (202) 434-4845

Email: lsoronen@sso.org

Tyler Broker

Fellow, University of Arizona James E. Rogers College of Law