Rogers v. Smith

In its amicus brief in Rogers v. Smith before the U.S. Court of Appeals for the Fifth Circuit, the Institute for Justice (IJ) argued that the arrest of Jerry Rogers violated his First Amendment rights. The St. Tammany Parish Sheriff’s Office detective arrested Rogers for his speech under a Louisiana statute, despite knowing the statute was unconstitutional for targeting speech about public officials. IJ explained that qualified immunity should not shield the officers responsible.

Urging the Fifth Circuit to affirm, the IJ emphasized that granting immunity would undermine free speech protections and embolden officials to misuse criminal laws to silence critics.