First Amendment Archives - Page 2 of 3

Anticipations Rise: Fifth Circuit’s Reconsidered Ruling on Pivotal Case for Citizen Journalism, Free Speech, and Qualified Immunity Awaited

The recent case of Villarreal v. City of Laredo has brought attention to the First Amendment rights of citizens and the validity of qualified immunity to law enforcement officers.1 The U.S. Court of Appeals for the Fifth Circuit heard arguments regarding the case of a controversial citizen journalist from Laredo Texas, Priscilla Villarreal, who was arrested in 2017. Priscilla Villarreal is facing a felony

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Supreme Court 2023: What Cases are on the Docket with the Potential to Reshape Law Enforcement Landscape

The Supreme Court of the United States has a packed schedule in 2023, with several cases that could potentially impact law enforcement officers and departments across the country. In this article, we will provide an overview of both, scheduled and petitioned cases to be on the lookout for. First up on the Court’s Docket is Counterman v. Colorado, which is set to be argued

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Guardian Mindset Podcast: Managing Public Protests with Spencer Fomby

In this episode of the Guardian Mindset Podcast, Attorney Eric Daigle and special guest Captain (Ret.) Spencer Fomby discuss managing public protests. You can listen and subscribe on Spotify and Apple Podcasts, or watch the video podcast recording below. Managing Public Protests: Navigating Complexity and Ensuring Preparedness with Spencer Fomby The podcast delves into the complexities of managing public protests, emphasizing the critical role

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Protest Response and Anticipated NTOA Public Order Standards Webinar

This webinar will focus on protest response standards and the soon-to-be-released Public Order National Standards recommended by the National Tactical Officers Association (NTOA). The NTOA Public Order Section Chair, Spencer Fomby, and the NTOA Legal Section Chair, Attorney Eric Daigle, will discuss why the standards were developed, what they are, and why your agency should adopt them. The webinar will review applicable legal, policy,

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From Pepper Spray to Public Perception

The Complexities of Balancing Non-Lethal Force with First Amendment Rights An often-overlooked issue in the context of law enforcement is the concern over potential violations of individual’s First Amendment rights to freedom of speech and assembly. Police Departments around the Nation have faced widespread criticism and legal condemnation for their use of crowd control tactics in response to protests and large public gatherings. It is important to

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Capturing the Truth: Navigating the Intersection of Freedom of Speech and Video Recording in Law Enforcement

In a recent opinion, the Fourth Circuit Court of Appeals established their position on the extent to which the First Amendment protections extend to recording and livestreaming officer civilian interactions. In Sharpe v. Winterville Police Department[1], the court considered the First Amendment right for a passenger to livestream their own traffic stop. After issuing this opinion, the Fourth Circuit became the second even-numbered circuit to

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Are “Fighting Words” Protected Under the First Amendment?

I am sure you are no stranger to the fact that there are certain members of your community that feel strongly against the police. Everyday we hear anti-police rhetoric and learn about groups that want to defund the police. We also find out about people like our suspect today who simply wanted to rile law enforcement up and film it. Coming to us from

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The First Amendment & Law Enforcement: Probable Cause Generally Defeats Retaliatory Arrest Claims

Our legal update today discusses an important case in understanding how the First Amendment affects law enforcement in modern times – Nieves v. Bartlett. The decision in Nieves v. Bartlett comes to us from the Supreme Court, and it is crucial in understanding how the court system weighs probable cause and the reasonableness of an officer’s actions versus a retaliatory arrest claim. Retaliatory arrests refer to arrests by

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First Amendment “Audits” and the Civilian Right to Film Law Enforcement (Part 2)

In more recent times, groups of individuals, claiming to be “First Amendment Auditors,” have been challenging police and gaining media exposure by filming the inside of various public spaces. As a result of this new phenomenon, many agencies are evaluating how to respond to these so-called “auditors.” Many of these encounters do not escalate, however, there are some encounters that have become challenging for law enforcement.

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First Amendment “Audits” and the Civilian Right to Film Law Enforcement (Part 1)

What is it, What are the Implications and are there Restrictions? In more recent times, groups of individuals, claiming to be “First Amendment Auditors,” have been challenging police and gaining media exposure by filming the inside of various public spaces. As a result of this new phenomenon, many agencies are evaluating how to respond to these so-called “auditors.” Many of these encounters do not escalate, however,

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