The First Amendment protects the right of every person to speak freely without government censorship or sanction. Verbal criticism directed at police officers, even where it involves swearing at or directing profanity toward the police officer, is protected speech. Therefore, a person cannot be arrested for such speech. Nor can police departments retaliate against individual officers who speak out against other officers or the department. Here are some sample cases the firm has handled:
Retaliation Against a Police Officer by his Department
A police officer was told he needed to take a psychiatric examination after he truthfully reported facts that supported a civilian's claim that she was a victim of excessive force by another officer. The firm negotiated an agreement with the department, allowing him to return to work without retaliation.
Arrest for Cursing at a Police Officer
A speeding cruiser driven by a Worcester police officer who was responding to a non-emergency call almost hit the plaintiff as she crossed a street on foot. When the plaintiff cursed at the officer for almost hitting her, he turned around to confront her. When the plaintiff asked for his name so that she could file an internal affairs complaint against him, the officer arrested her for alleged disorderly conduct. The case settled.
Nader v. Commission on Presidential Debates
The Commission on Presidential Debates (CPD) is a private corporation that Ralph Nader and others have criticized, saying that it promotes the two dominant parties by excluding third-party candidates. On October 3, 2000, the CPD held the first of three presidential debates at the University of Massachusetts, Boston campus. Mr. Nader, the Green Party presidential candidate, was excluded from participating in the debate, but had a ticket to view a televised on-campus screening and he planned to speak with journalists on the campus. During two attempts to enter the campus, however, a representative of the CPD refused him access. A state police trooper threatened him with arrest. After the CPD lost its motion to dismiss and later its motion for summary judgment, the CPD agreed to settle the case on the eve of trial for terms similar to Mr. Nader's initial demand.
