
The Supreme Court Just Made It Easier for Police to Arrest You for Filming Them - jseliger
https://slate.com/news-and-politics/2019/05/supreme-court-nieves-police-abuse-case.html
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mehrdadn
Also see
[https://en.wikipedia.org/wiki/Nieves_v._Bartlett](https://en.wikipedia.org/wiki/Nieves_v._Bartlett)

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manfredo
The Supreme Court case in question doesn't seem to support the claim made in
the headline:

> In Nieves v. Bartlett, a divided court ruled that individuals can’t sue
> police officers for retaliatory arrest if those officers had probable cause
> to arrest them for any crime, no matter how minor—and that’s true even if
> the real reason for the arrest was speech the officers didn’t like. In other
> words, if you are jaywalking in violation of a local ordinance, officers can
> arrest you without fear of liability even if they’re making the arrest only
> because you’re participating in a Black Lives Matter demonstration or
> wearing a “Make America Great Again” cap.

So we can't sue police officers for retaliatory arrest if the officers had
probable cause to make an arrest. Does Slate just assume that filming police
is probable cause to make an arrest? Nowhere does it form a connection between
shielding officers from litigation for arrests made with probable cause and
allowing the police to arrest people filming them with no other cause.

Also, let's read the summary of the Neives v. Bartlett:

> Respondent Russell Bartlett was arrested by police officers Luis Nieves and
> Bryce Weight for disorderly conduct and resisting arrest during “Arctic
> Man,” a raucous winter sports festival held in a remote part of Alaska.
> According to Sergeant Nieves, he was speaking with a group of attendees when
> a seemingly intoxicated Bartlett started shouting at them not to talk to the
> police. When Nieves approached him, Bartlett began yelling at the officer to
> leave. Rather than escalate the situation, Nieves left. Bartlett disputes
> that account, claiming that he was not drunk at that time and did not yell
> at Nieves. Minutes later, Trooper Weight says, Bartlett approached him in an
> aggressive manner while he was questioning a minor, stood between Weight and
> the teenager, and yelled with slurred speech that Weight should not speak
> with the minor. When Bartlett stepped toward Weight, the officer pushed him
> back. Nieves saw the confrontation and initiated an arrest. When Bartlett
> was slow to comply, the officers forced him to the ground. Bartlett denies
> being aggressive and claims that he was slow to comply because of a back
> injury. After he was handcuffed, Bartlett claims that Nieves said “bet you
> wish you would have talked to me now.” Bartlett sued under 42 U. S. C.
> §1983, claiming that the officers violated his First Amendment rights by
> arresting him in retaliation for his speech—i.e., his initial refusal to
> speak with Nieves and his intervention in Weight’s discussion with the
> minor. The District Court granted summary judgment for the officers, holding
> that the existence of probable cause to arrest Bartlett precluded his claim.
> The Ninth Circuit reversed. It held that probable cause does not defeat a
> retaliatory arrest claim and concluded that Bartlett’s affidavit about what
> Nieves allegedly said after the arrest could enable Bartlett to prove that
> the officers’ desire to chill his speech was a but-for cause of the arrest.

So apparently the fact that the police cannot be sued for arresting a drunken
man acting out means that people can be arrested for filming the police? The
article does try to justify this claim:

> Because local laws are full of minor infractions, like “loitering,” that are
> frequently violated without incident, police will often have a pretext to
> arrest people engaged in speech the officers don’t like. By immunizing such
> abuse, Nieves may have devastating effects on demonstrators, press
> photographers, and anyone who wants to exercise their speech rights in
> public, like the right to film the police or verbally challenge officer
> misconduct. The power to arrest is a potent tool for suppressing speech
> because even if charges are later dropped, arrestees must undergo the
> ordeal—and dangers—of being booked and jailed, and they may have to disclose
> the arrest on future job and housing applications, among other
> ramifications.

But wouldn't the act of filming mean the the person has a defined purpose
(most definitions of loitering is remaining in one place with no apparent
purpose. Usually this is used to disperse people from zones with criminal
activity).

This article seems to be grounded on very shaky logic. It seems to me that a
drunken man acted out, got arrested, and tried to sue the police for arresting
him. I don't see this expanding the ability for police to suppress people
filming them. In fact, if my understanding is correct this Supreme Court
decision maintains the status quo that was established prior - it doesn't
change anything.

~~~
harimau777
As I understand it, the problem isn't so much with the details of this
particular case. Rather it is with the precedent that it sets.

It does strike me as odd that the headline references filming police when the
interpretation appears to apply to any exercises of speech (e.g. protest).
However, that makes the situation worse not better.

In terms of the discussion of "loitering": I think the larger point is that
there are numerous similarly broad laws that could be used as a pretext for
probable cause. For example, disturbing the peace.

