Probable Cause and First Amendment Retaliatory Arrest Claims
Participated in an amicus brief (with other amici) filed with the U.S. Supreme Court in Nieves v. Bartlett. The case deals with the question of whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law. The brief notes that where arrests of journalists are motivated by hostility to the press or out of a desire to control news coverage, a holding that any probable cause defeats First Amendment protection would endanger vital First Amendment values. The brief urges the Court to adopt a standard that appropriately accommodates the needs of law enforcement while adequately preserving constitutional protections for free speech and press.