Aquilina v. Wriggelsworth

Count the twists. Defendant shanks prosecutor in court during trial. Michigan state judge leaks the security footage to the press. And then the sheriff investigates the judge for the leak. And then the press reports on the investigation. So then the judge sues the sheriff for investigating her. Certainly a mess—but does the judge have a First Amendment retaliation claim? Sixth Circuit: She does not. Leaking the footage might be speech about courtroom security, and that’s a matter of public concern. But there’s no evidence the sheriff was retaliating for the leak; he was investigating what he thought might be obstruction of justice.

Tags: 2018, First Amendment, Free Speech, Retaliation, Sixth Circuit

Sign up to receive IJ's biweekly digital magazine, Liberty & Law along with breaking updates about our fight to protect the rights of all Americans.