Qualified Immunity Archives
On Dec. 1, 2023, U.S. courts issued two opinions that left Donald Trump in continuing legal jeopardy for actions that he took while serving as president. Chief Judge Sri Srinivasan, the chief judge for the U.S. Court of Appeals for the District of Columbia Circuit, ruled that Trump did not have immunity in civil suits
Justice Clarence Thomas argued against granting qualified immunity to
university officials in a free speech case, but the U.S. Supreme Court
refused to take it up in Hoggard v. Rhodes.
“True threats” are not protected by the First Amendment. Hunter v. Bryant
(1991) upheld the warrantless arrest of a man who made a supposed threat
against the President.
In Morse v. Frederick, the Supreme Court ruled it is not a denial of First
Amendment rights for school officials to censor student speech they believe
encourages illegal drug use.
Pearson v. Callahan (2009) involved a Fourth Amendment search and seizure
issue but has had a profound impact on much subsequent First Amendment
litigation.
In Reichle v. Howards (2012), the Court said there was not a First
Amendment right to be free from a retaliatory arrest that is supported by
probable cause
Wood v. Moss (2014)said Secret Service agents who removed protestors were
entitled to qualified immunity after the protestors claimed their First
Amendment rights were violated.