The Institute for Free Speech respectfully submits that this Court should reject any mode of analysis for First Amendment retaliatory arrest claims that ignores whether protected speech actually was or was not targeted based on its message. If the presence of probable cause alone defeats the existence of a First Amendment retaliatory arrest claim under all circumstances, arrests rooted in an effort to stifle protected speech will become judicially unscrutinized and undisturbed throughout the nation. Such a result risks impairing public confidence in both law enforcement and the judiciary at the same time it is irreconcilable with this Court’s duty to protect First Amendment rights.

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