Arrests, Probable Cause and the First Amendment

, New York Law Journal


In his Civil Rights Litigation column, Ilann M. Maazel, a partner at Emery Celli Brinckerhoff & Abady writes: As a general proposition, government officials may not take adverse, retaliatory action against individuals because they spoke out on a matter of public concern. But what happens when a plaintiff claims she was arrested in retaliation for protected speech, but the arrest was also supported by probable cause? The Supreme Court recently faced this question in 'Reichle v. Howards.'

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