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reason.com/2024/06/20/scotus-m
"When someone claims to have been arrested in retaliation for constitutionally protected speech, what sort of evidence is necessary to make that case? Five years ago in Nieves v. Bartlett, the Supreme Court held that an arrest can violate the even if it was based on probable cause, provided the claimant can present "objective evidence that he was arrested when otherwise similarly situated individuals not engaged in the same sort of protected speech had not been." Today in Gonzalez v. Trevino, the Court said that showing does not require "very specific comparator evidence" indicating that "identifiable people" engaged in very similar conduct but were not arrested."

"Whether or not Gonzalez is ultimately successful in proving her case, today's decision will make it easier for victims of retaliatory arrests to get their day in court. Laredo, Texas, journalist Priscilla Villarreal, for example, was arrested under a dubious interpretation of an obscure state law that makes it a felony to seek nonpublic information with the intent to "obtain a benefit." Her crime, according to local police and prosecutors, was asking a cop questions about a public suicide and a fatal car accident."

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