Posted by | December 6, 2011 00:35 | Filed under: Top Stories

Steven Howards was overheard by the Secret Service saying he was going to ask Dick Cheney, “How many kids did you kill today?” at a Colorado mall in 2006. The Secret Service arrested him after they claimed he assaulted Cheney, and Howards claims that was retaliatory for what he freely expressed. Now the Supreme Court has agreed to hear the case of whether he can sue the Secret Service.

The lower courts are divided over whether retaliatory arrest claims based on the First Amendment are permissible when there are otherwise sufficient grounds for the arrest.

The case, Reichle v. Howards, No. 11-262, will be heard by an eight-member court. Justice Elena Kagan indicated that she would not participate, presumably because she worked on the case as United States solicitor general.

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Copyright 2011 Liberaland
By: Alan

Alan Colmes is the publisher of Liberaland.