In a 1944 case involving self-incrimination, Supreme Court Justice Hugo
Black focused on the connection between the First Amendment and other
provisions in the Bill of Rights protecting people’s liberties.
Retaliatory Arrests and Prosecution Cases
One way of suppressing speech is to arrest individuals who have expressed unpopular views. In Gonzalez v. Trevino, the Supreme Court remanded a case to the U.S. Fifth Circuit Court of Appeals to see whether this had happened when a city councilwoman was arrested for having a petition in her folder for the removal of the mayor.
The Supreme Court in 2019 ruled that most claims of arrest in retaliation
for speech protected by the First Amendment would fail if there was
probable cause for the arrest. However, in Nieves v. Bartlett, the Court
held that there could be an exception if someone similarly situated who did
not engage in protected speech was not arrested.