Free Speech Flashcards
Why did the Officers arrest Petithomme?
the Officers’ arrest was pursued to “chill” the content of Petithomme’s protected speech as she was merely inquiring about the investigation and the lawfulness of their conduct.
What speech does first amendment protect?
First Amendment protects a significant amount of verbal criticism and challenge directed at police officers. City of Houston v. Hill, 482 U.S. 451, 461 (1987).
What is the Officers’ argument?
Petithomme’s speech was incidental to the arrest, however, it was not. It was the basis for her arrest. The officers argument hinges on that the arrest was lawful, therefore, the fact that was she speaking is irrelevant. The facts pled state viatiate arguable probable cause for each claim.
What are the facts that lead you to believe her speech was the basis of her arrest (Content Neutral)?
From the initial stop, the Officers knew Petithomme was not the subject of the investigation as she and her vehicle did not fit the description. The Officers prolonged the stop after their reasonable suspicions were dispelled. The Officers did not once asked her about the two black males in a white Dodge. The Officers could not rely on a traffic violation because the vehicle was parked on private property nor did they observe it in operation. Petithomme was immediately arrested after she said, “Here’s my identification.” Finally, while Petithomme was under arrest she heard Martin stating to Gonzalez and the other officers that the only reason he arrested her was because he did not like the way she gave him her identification card and that if he dropped the charges how would he be able to explain the vehicle search.
How is Redd distinguishable?
Redd took place on a public forum and pedestrians complained about the loudness of his speech and not the content. Petithomme was at her home. Officers were not investigating a disorderly conduct violation but approached her to investigate two black males in a white Dodge. She made four statements to Officers that challenged the lawfulness of their conduct. She was not loud or profane, nor did neighbors complained.
