This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Constitutional Law

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.

Missing

Lisa Soronen

Executive Director, State and Local Legal Center

Phone: (202) 434-4845

Email: lsoronen@sso.org

Missing

Tyler Broker

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


Attachments



audio

#350864

Brian Cardile

Rulings Editor, Podcast Host, California Supreme Court reporter
brian_cardile@dailyjournal.com

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390

Send a letter to the editor:

Email: letters@dailyjournal.com