Rights of Protesters

Filed - December 27, 2017

Lozman v. City of Riviera Beach


The police have long patrolled protests about women’s suffrage, Jim Crow, and wars waged abroad, but now they are called upon to supervise and control a new wave of protests – demonstrations about law enforcement. This new reality creates a temptation for for police to retaliate against protesters.

In Lozman v. City of Riviera Beach, the MacArthur Justice Center stood up for the rights of protesters in an amicus brief, showing that the mere existence of probably cause does not justify an arrest in retaliation for speech. The U.S. Supreme Court agreed, holding 8-1 that at least in some circumstances, probable cause does not excuse a retaliatory arrest.