Qualified Immunity Archives
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
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
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.