In Nieves v. Bartlett, the Supreme Court got the right result, but wrongly so

When can a police arrest violate your right to freedom of speech? That was the issue before the Supreme Court in an opinion they released on Tuesday, Nieves v. Bartlett.

You can imagine how it could. No one wants to get arrested. If police don’t like what you say, they might use detention to retaliate against that speech. The ramifications are both pervasive and pernicious. Consider an officer arresting you for asking to see a search warrant; or, detaining you because he disagrees with your declared opinion about abortion, immigration, or local zoning ordinances. Such circumstances would punish speech, dissuading people in the future from voicing their opinions.