Monday, February 6, 2023

When free speech and protection of public order collide

 The libertarianism of the Cato Institute usually leads them in the wrong direction.  They are driven by the main thrust of the Anglo-American tradition which is grounded in the right to do as one chooses on and with one's own property.  That yields a lot of police since there are so many boundaries to police, That yields defense of the police. But the individual liberty strand cuts the other way sometimes.  

Clark Neilly points to pending cert petition that illustrates the difficulties of finding a path through the thicket created by the qualified immunity doctrine when free speech issues arise - as inNovak v. City of parma, Ohio.

- GWC

Clark Neilly
@ConLawWarrior

Senior VP / Constitutional & Legal Studies. Bane of bureaucrats & lover of liberty.

If police illegally arrest you for engaging in constitutionally protected speech, do you have to identify a specific case where a court already told them not to arrest people for that *particular* kind of constitutionally protected speech in order to sue? supremecourt.gov/DocketPDF/22/2




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