Is stretching out one’s middle finger at the police protected by the First Amendment? And whether it is or not, can the police trump up charges and assault someone who flips that bird? We dig into those deep constitutional issues with Jaba Tsitsuashvili of IJ when he discusses an Eighth Circuit case about a man stopped in Des Moines, Iowa. The police claim it was because he drove dangerously. The courts bought that—until the man got a hold of the video. It showed that the police may not have been entirely accurate, which led to his acquittal and the current civil rights lawsuit. Then we move to the Sixth Circuit and hear from IJ’s Robert Fellner about another retaliation case, this time involving Wayne County, Michigan. A man had his pension cut off in response to him criticizing the county’s policies. But he seems to have not actually qualified for the pension at that time anyway. What’s that mean for retaliation and the First Amendment? The court upheld a jury award for the man and he won on appeal. Our panel discuss how the issue can get complicated.
Recent Episodes
Short Circuit 441 | Rights for Listeners
We often hear of the right to speak. But what about the right to listen? The Ninth Circuit just reaffirmed that listeners have First Amendment […]
Listen NowShort Circuit 440 | The Mystery of Academic Freedom
Florida, man. Always fun when we touch base with the latest culture war issues in the Sunshine State. Which usually means we’re talking about the […]
Listen NowShort Circuit 439 | Adams, Jefferson, and The Declaration
Tim Sandefur joins us to discuss his latest (and tenth!) book “Proclaiming Liberty,” all about the Declaration of Independence, John Adams and Thomas Jefferson, and […]
Listen NowShort Circuit 438 | The Strike Zone for Ultra Vires
If you like stories of co-workers showing up at your door at night and threatening you and your family then we have the episode for […]
Listen Now