In an unsigned opinion, the high court said a federal appeals court took an “overly cramped view” of an earlier precedent that control when people may sue for First Amendment retaliation claims. Justice Clarence Thomas authored the only public dissent. Sylvia Gonzalez was arrested in 2019 shortly after she took her seat as a council member in Castle Hills, Texas, following a campaign in which she heavily criticized the city manager.
The court wrote that while the exception to the rule on bypassing probable cause is “slim,” the appeals court’s “demand” for identical situations “goes too far.
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