First Amendment

The First Amendment forbade Los Angeles County Deputy Sheriffs Mark Darling, Mark Repcik, Xavier Aguilar, and Dave Despot from arresting detaining (75 minutes)¹ individuals expressing their anti-abortion views on a public street.

The deputies and nearby Dodson Middle School Assistant Principal Art Roberts thought the fetal pictures attached to the vehicle driving around the school were offensive—too bad says the United States Court of Appeals for the Ninth Circuit in Center for Bio-ethical Reform v LA County Sheriff (pdf).

It's Constitutional Law 101 that you cannot forbid speech simply because you don't like it or find it offensive, even if you're trying to "protect the children"!

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1. "The deputies cannot receive qualified immunity for their unreasonably lengthy detention of Kulas and Padberg. The deputies’ constitutional duty to act diligently and pursue a means of investigation likely to confirm or dispel their suspicions quickly was clearly established on the date of the detention in this case. See Sharpe, 470 U.S. at 686. Moreover, it should have been readily apparent to a reasonable officer that § 626.8 provided no basis for a detention, as no violation of the statute occurred unless the Plaintiffs stayed on the premises after being asked to leave. It was also apparent that calling school liaison Deputy Sheriff Despot or Assistant Principal Roberts was not likely to quickly confirm or dispel any suspicion of wrongdoing. Moreover, neither Despot’s nor Roberts’s presence was necessary to enforce § 626.8. As the unlawfulness of their actions was apparent, the deputies are not entitled to qualified immunity. See Hope, 536 U.S. at 739."--Center for Bio-ethical Reform--