Discover and read the best of Twitter Threads about #CircuitSplit
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🧵 @IJ's been fighting hard against #FirstAmendment retaliation - litigating a dozen cases in the past few years. But people don't realize that #SCOTUS has all but killed retaliatory *arrest* claims. It's wild. Let me tell you about it (and our case👇). 1/
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While #SCOTUS is very protective of prior restraint on @USConst_Amend_I and kinda protective of non-arrest retaliation (but see #QualifiedImmunity), it's openly hostile to retaliatory arrest claims. See Nieves v. Bartlett. 2/ 
Worse still, the reason #SCOTUS immunizes police from retaliatory arrest claims? Pure *policy* (AKA judicial activism). You can't enforce the #FirstAmendment because police have a tough job. Seriously. Justice Gorsuch points this out in his concurrence in Nieves. 3/
