Published on: Saturday, September 9, 2023

Missouri man is stopped by police officer for walking on the wrong side of the road, gets into an argument with cop after he refuses to give his name, and is arrested. Cop knowing this is totally wrong then scrambles to find a reason to justify the arrest, telling colleagues that the man "ran his mouth off," fabricating new allegations, and asking, "What can I charge him with?" Man sues, alleging arrest was retaliation for First Amendment-protected speech. Eighth Circuit (2-1): You were walking on the wrong side of the road, so the cop had probable cause to arrest you and you can't sue, no matter the real reason for the arrest. Dissent: Nonsense! The Supreme Court says you don't need to prove a lack of probable cause if the law is never actually enforced, even using jaywalking as the canonical example. That is literally this case. Sigh.