First Amendment Retaliation Claims

This course examines what law enforcement personnel should be aware of when faced with the situation of having to quell a public gathering. In such situations, the individual that is removed, stopped, or arrested may routinely be exercising their First Amendment right of free speech. This course will address when the exercise of free speech goes beyond constitutional protection, and moves into an area of criminal activity. The course focuses on the importance of eliciting the factors that led to the law enforcement’s personnel’s decision to require the individual exercising their free speech rights to stop. By establishing the factors that led to this decision, law enforcement personnel may be able to limit or preclude claims based on the First Amendment.