Friend v. Gasparino

Submitted by Re'Neisha Stevenson on Tue, 03/14/2023 - 14:50

Officer lacked probable cause for arresting plaintiff for interfering with an officer by posting sign “Cops Ahead” to warn motorists of distracted-driving operation; well-settled that only physical conduct and fighting words give rise to viable charge of interfering with an officer; plaintiff was speaking on a matter of public concern and speech was not “integral to criminal conduct” and was protected by First Amendment; restricting plaintiff’s speech did not satisfy strict scrutiny and was not narrowly tailored.

Actionable Conduct Edition