Supreme Court Revives Retaliatory Arrest Case in Major First Amendment Victory

WASHINGTON—This morning, the U.S. Supreme Court granted the Institute for Justice’s (IJ) petition for certiorari in Murphy v. Schmitt, vacated the 8th U.S. Circuit Court of Appeals’ decision, and remanded the case back to the lower court for reconsideration in light of IJ’s recent win in Gonzalez v. Trevino. The Eighth Circuit had ruled against Mason Murphy in his lawsuit alleging retaliation for the exercise of his First Amendment rights.

“This decision is a huge step forward, not just for Mason Murphy, but for all Americans who have been retaliated against by government officials for their speech,” said Marie Miller, an attorney at the Institute for Justice, which filed the petition on Mason’s behalf. “Our work is building lasting precedent, making it easier for people to hold officials accountable when their rights are violated. We will continue fighting until all Americans are protected against government retaliation.”

Mason Murphy’s ordeal began on May 15, 2021, when he was arrested by a police officer in Sunrise Beach, Missouri, for walking on the wrong side of a rural road. While this is technically a crime, police never, or almost never, arrest someone for such a trivial offense. The arrest followed a nine-minute argument in which Mason questioned the officer’s reasons for detaining him and declined to provide his name, all while remaining calm and compliant. Despite this, Officer Michael Schmitt arrested him, and Mason was held in jail for two hours while officers struggled to come up with any legitimate crime to justify the arrest. Mason was never charged, and the sheriff later admitted Mason’s treatment in jail was “unacceptable,” telling the local paper:

It was wrong. I was furious. We strive so hard and all it takes is one person, one person not following policies and procedures, one person threatening to do something like this to make all of us look bad. Just like any profession, there are good cops and there are bad cops. I can’t make any excuses for the type of behavior seen in the video. It was unacceptable and I apologize to the victim and to the people of Camden County.

“The Supreme Court’s decision to revive Mason’s case demonstrates the far-reaching impact of Gonzalez v. Trevino,” said Anya Bidwell, a senior attorney at the Institute for Justice. “This victory will reverberate across the country, giving more Americans the chance to fight back when they are arrested in retaliation for exercising their rights. The Court has made it clear that such conduct will not go unchecked.”

The Institute for Justice has been at the forefront of litigating First Amendment retaliation cases across the country, setting powerful precedents that defend free speech and hold government officials accountable. With this latest Supreme Court action, IJ continues to lead the charge in protecting Americans from retaliatory arrests and ensuring that the First Amendment remains a strong and enduring shield for all.