The Supreme Court should reject any mode of analysis for First Amendment retaliatory arrest claims that permits official conduct to go unchecked that is rooted in a desire to retaliate against protected speech. 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 be judicially unscrutinized and undisturbed. 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.

Read the full amicus brief here.

Institute for Free Speech Amicus Brief, U.S. Supreme Court (October 9, 2018)

Brief of Petitioner, U.S. Supreme Court (August 20, 2018)