US Supreme Court Arguments Set in Riviera Beach First Amendment Case
The U.S. Supreme Court will hear arguments Feb. 27 in a First Amendment case stemming from the arrest of a frequent government critic as he spoke…
December 21, 2017 at 03:53 PM
2 minute read
Photo: Melanie Bell
The U.S. Supreme Court will hear arguments Feb. 27 in a First Amendment case stemming from the arrest of a frequent government critic as he spoke during a city council meeting.
The Supreme Court this week issued an oral-argument schedule that includes the case filed by Fane Lozman against the city of Riviera Beach. Justices agreed last month to consider the case, which stems from Lozman's arrest in 2006.
He accused the city of violating his First Amendment rights by retaliating against him for his outspoken criticism and for another lawsuit alleging Sunshine Law violations.
Lower courts sided with the city, which argued a police officer had probable cause to arrest Lozman after he refused to comply with directions from a council member. The case focuses on whether probable cause defeats the First Amendment retaliation claim, according to documents filed by both sides.
This is Lozman's second case to reach the high court. Both cases stem from his clashes with the city over its use of eminent domain for redevelopment.
The Supreme Court ruled in 2013 in favor of the financial trader and inventor, rejecting the city's arguments that it could use admiralty law to seize and evict Lozman's floating home from the city's marina.
The U.S. Court of Appeals for the Eleventh Circuit set up the latest appeal by ruling probable cause is an absolute bar to a false arrest claim — even when brought as a First Amendment retaliation claim.
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