In recent developments regarding a First Amendment case that continues to be revisited, the Fifth Circuit Court of Appeals rendered its decision in the case of Villarreal v. City of Laredo. The crux of this...
Continue ReadingThe Eight Circuit’s recent decision in Murphy v. Schmitt highlights the fine balance between the First Amendment right to free speech, retaliatory claims, unlawful detention, and the discretionary powers of law enforcement officers. The central...
Continue ReadingThe Court of Appeals for the Second Circuit issued a decision in Friend v. Gasparino, a case that grapples with alleged violations of an individual’s First, Fourth, and Fourteenth Amendment rights following the arrest of...
Continue ReadingIn United States v. Batara-Molina, the Tenth Circuit Court of Appeals addressed the issue of whether a traffic stop was unlawfully prolonged for a canine sniff lacking reasonable suspicion, in violation of the Fourth Amendment.1 ...
Continue ReadingOn June 27, 2023, the United States Supreme Court’s verdict on Counterman v. Colorado will likely send ripples through the legal landscape, offering critical guidance on First Amendment interpretation, ‘true threats,’ and protected speech. This article seeks...
Continue ReadingThe 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...
Continue ReadingThe 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...
Continue ReadingIn 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...
Continue ReadingThis 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...
Continue ReadingThe 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...
Continue ReadingIn 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,...
Continue ReadingI 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...
Continue ReadingOur 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...
Continue ReadingIn 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,...
Continue ReadingWhat 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...
Continue ReadingIn a previous article, “They Said WHAT!?”: A Primer on Public Employee Freedom of Speech, discussed the basics of public employee free speech under the First Amendment. This article will address the issue of how agencies...
Continue ReadingLaw enforcement agencies in the United States know all too well the importance of protecting individuals’ First Amendment rights during mass demonstrations. But what happens when officers find themselves in the crosshairs of the demonstrators’...
Continue ReadingToday’s case is both entertaining and enlightening. You know that saying, “You can’t make this stuff up”? Well today’s case has some of that “stuff”. There are of course some learning points as well in this case that are worth reviewing. We have discussed protective...
Continue ReadingThe First Amendment and the Religious Freedom Restoration Act Today’s legal update focuses on a case out of the Second Circuit that ended up facing the Supreme Court. In today’s case we encounter both the Religious...
Continue ReadingThe “freedom of speech” is clearly set forth in the First Amendment of the United States Constitution. The freedom of speech is the right to articulate one’s opinions and ideas without fear of government retaliation...
Continue Reading 
