Thread: Does Secret Service protection trump speech rights? Supreme Court hears case.

Does Secret Service protection trump speech rights? Supreme Court hears case.

A Colorado man arrested in 2006 after telling Vice President Cheney what he thought of the Iraq war alleges that Secret Service agents retaliated against him for his opinions.

By Warren Richey, Staff writer / March 21, 2012

In June 2006 a man was detained for several hours after an encounter with then Vice President Dick Cheney in which he voiced his sharp disapproval of the war in Iraq and touched the vice president with his open hand.


After charges against him were dropped, he filed suit against the Secret Service, alleging that he was arrested because of what he had said to the vice president and because of the opinions he expressed to agents.

On Wednesday, the US Supreme Court heard oral argument in an appeal that is asking the justices to enact a special rule exempting US Secret Service agents – and potentially all law enforcement officials – from civil liability for arresting someone allegedly in retaliation for the offensive content of their speech.

How much do you know about the US Constitution? A quiz.

The case poses a potential major test of the court’s free speech jurisprudence, and is being heard at a time when First Amendment principles are reportedly hindering efforts of federal agents assigned to protect top American leaders from assassination and other attacks.

During an hour-long oral argument, the eight justices hearing the case appeared sharply divided on the issue, with Justices Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor most skeptical of the proposed rule.

Justices Antonin Scalia, Samuel Alito, and Chief Justice John Roberts appeared supportive.

Justice Elena Kagan is not participating in the case.

At issue in Reichle v. Howards (11-262) is whether two Secret Service agents should be put on trial for money damages for allegedly arresting the Colorado man, Steven Howards, after his encounter with Mr. Cheney.

The agents arrested Mr. Howards for allegedly assaulting the vice president. He was taken to a local sheriff’s office and held for several hours before being released on bond. A local prosecutor charged him with harassment, but the charge was later dropped.

Howards filed a lawsuit against the Secret Service agents claiming that they used their authority to retaliate against him because of what he said.

Howards reportedly told Cheney that his policies in Iraq were “disgusting.” He then reached out and touched the vice president with his open hand.

Howards later characterized the contact as an open-handed pat. Federal agents put a more sinister cast on the encounter. According to the government’s brief, the contact was a push-off, a slap, a forceful touch, or a “strike that caused the vice president’s shoulder to dip.”

The agents moved to dismiss Howards’ lawsuit, but a federal judge and a federal appeals court have allowed it to move forward.

On Wednesday, a lawyer for the agents and a lawyer for the Obama administration both urged the Supreme Court to create a broad exemption from First Amendment liability for federal agents.

Under the new rule, federal agents would be immune from a civil lawsuit charging that they had engaged in a retaliatory arrest related to the content of the arrestee’s speech. The immunity would apply whenever the agent could show he or she acted with probable cause to believe a crime had been committed prior to the arrest.

“The issue before the court today is whether Secret Service agents who are prepared to take a bullet for the vice president must also be prepared to take a retaliatory arrest lawsuit, even when they have probable cause to make an arrest,” Sean Gallagher, a Denver, Col., lawyer for the agents, told the court.

Mr. Gallagher said that protective agents must use the speech of surrounding individuals to gauge potential threats. He said if agents knew they were potentially liable for money damages in First Amendment lawsuits, it might make them hesitate at a critical moment.


Does Secret Service protection trump speech rights? Supreme Court hears case. - CSMonitor.com

How Much Do YOu Know About the Constitution?



Question 1 of 15

1. Which of these famous phrases is found in the US Constitution?
"With a firm reliance on the protection of divine providence, we mutually pledge to each other our lives, our fortunes and our sacred honor."

"That government of the people, by the people, for the people, shall not perish from the earth."

"We the people of the United States, in order to form a more perfect union…"

"We hold these truths to be self evident, that all men are created equal…"


2 Which of the following states were NOT participants at the 1787 convention in Philadelphia when the Constitution was drafted?

Maine

Vermont

Rhode Island

all of the above




3 Who are "The Framers?"



A 1960s rock band

A group of carpenters associated with Habitat for Humanity

A cabal of unscrupulous jailhouse snitches

Political leaders in 1787 who sought to improve on the ineffective Articles of Confederation by producing a new government framework featuring a more robust national government.


4 Who is considered the "Father of the Constitution?"


George Washington

Ray Charles

James Madison

J. Robert Oppenheim

Continued here

How much do you know about the US Constitution? A quiz. - The Father of the Constitution - CSMonitor.com