Supreme Court limits free speech claim in arrests

[Eugene]

Source: CNN

Supreme Court limits free speech claim in arrests

By Ariane de Vogue and Devan Cole, CNN
Updated 0102 GMT (0902 HKT) May 29, 2019

Washington (CNN) — The Supreme Court on Tuesday said an individual cannot make a claim that he was arrested in retaliation for exercising his free speech if police had probable cause for his arrest.

The ruling is a victory for law enforcement, which argued in favor of a bright line rule that officers could follow that would also defeat possible frivolous claims from defendants objecting to their arrest.

The case concerned a man in Alaska who says he was arrested in retaliation for speech that is protected under the First Amendment. At issue before the court was a question that has divided lower courts: if police have probable cause to make an arrest, does that defeat a claim of retaliatory arrest?

The man, Russell Bartlett, was arrested in 2014 in Alaska while attending the Arctic Man festival, an extreme ski and snowmobile event held annually in the Hoodoo Mountains.

Although police and Bartlett maintain different accounts of what happened before the arrest, there is no dispute that after an altercation, Bartlett was arrested for disorderly conduct. Charges against him were later dropped, but he sued, arguing that he was arrested because he spoke out against the officers.

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Read more: https://edition.cnn.com/2019/05/28/politics/supreme-court-free-speech-arrests/index.html

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Opinion of the Court: 17-1174 Nieves v. Bartlett (Supreme Court of the United States)