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#Copped and #Blocked: Emerging First Amendment Issues Involving Citizen Interactions with Government Officials during Arrests


When:
Thursday, March 21, 2019
1:00 pm - 2:00 pm (US/Eastern time)

Where:
Online

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When a government official or employee interacts with a citizen, he or she is likely going to encounter issues under the First Amendment. In the context of law enforcement, the Supreme Court recently took up a pair of cases examining how the First Amendment interacts with the Fourth Amendment rights of arrestees, particularly: will the existence of probable cause for an arrest bar a claim of retaliatory arrest? Generally, the existence of probable cause satisfies the Fourth Amendment’s requirement that seizures be reasonable, but the Court will soon determine whether probable cause also defeats claims that an arrest violated the arrestee’s free speech rights. The cases the Court has recently considered include Lozman v. City of Riviera Beach, which concerned First and Fourth Amendment claims against the City directly after the plaintiff was arrested for speech and conduct during a public meeting, and Nieves v. Bartlett, which concerns a First Amendment retaliatory arrest claim against an individual officer. While the Court’s decision in Lozman this past term was narrow, Supreme Court observers expect the Court to directly address the interplay between the First and Fourth Amendments in Nieves later this term. When using social media, a government entity or government official may open up limited public forums for members of the public to comment and express their views and opinions. Recent cases from around the country have made clear that both the government official and government entity may run afoul of the First Amendment when they attempt to regulate access to and permissible forms of speech on social media. Participants in this webinar will learn best practices to avoid liability and public scrutiny associated with social media.” Free HR and CLE credit applied for in FL, GA, NJ, NY & TX. 

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About Freeman Mathis & Gary, LLP

Freeman Mathis & Gary, LLP is a leading national litigation firm, with over 150 attorneys nationally in 17 offices in eight states. FMG serves clients through its practice sections in Appellate Advocacy, Commercial Litigation/Directors & Officers, Construction & Design Law, Data Security, Privacy & Technology, Financial Services and Banking, Government Law, Insurance Coverage and Extra-Contractual Liability, Labor and Employment, Professional Liability/Errors and Omissions and Tort & Catastrophic Loss. With offices in California, Florida, Georgia, Kentucky, Massachusetts, New Jersey, New York, and Pennsylvania FMG attorneys serve as trusted counsel to corporations and governments throughout the country, providing practical, efficient, and cost-effective solutions for legal issues. For more information about FMG, visit www.fmglaw.com.


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Information conveyed in this presentation should not be construed as legal advice or represent any specific or binding policy or procedure of any organization. Information provided in this presentation is for educational purposes only. These materials are written in a general format and not intended to be advice applicable to any specific circumstance. Legal opinions may vary when based on subtle factual distinctions. All rights reserved. No part of this presentation may be reproduced, published or posted without the written permission of Freeman Mathis & Gary, LLP.



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