On February 27, 2018, the Supreme Court heard argument in Lozman v. City of Riviera Beach, Florida, a case involving a First Amendment retaliatory arrest claim.
Fane Lozman moved to Riviera Beach, Florida in 2006, where he lived on a floating home in the Riviera Beach Marina. Shorty after moving to Riviera Beach, Lozman learned of the City’s new redevelopment plan for the Marina, which, by using eminent domain, sought to revitalize the waterfront. Lozman, who opposed this plan, became known as an “outspoken critic.” During the finalization of the redevelopment plan, the state legislature passed a bill prohibiting the use of eminent domain for private development; however, in order to push through the plan, the Riviera Beach City Council held a special emergency meeting the day before the Governor signed the bill into law. In response, Lozman filed suit against the City in June 2006.
At a City Council regular public session in November 2006, Lozman was granted permission to speak during the “non-agenda” public comments portion of the meeting. Lozman’s comments were interrupted by a member of the City Council, who, after a quick interchange with Lozman, called a city police officer to dismiss Lozman from the podium. Lozman refused to be seated without finishing his comments, and the police officer warned him that he would be arrested if he did not comply. Lozman continued his comments, was arrested, and was charged with disorderly conduct and resisting arrest without violence. These charges were later dismissed.
In 2008, Lozman filed suit in district court against the City of Riviera Beach, arguing that his arrest had constituted unlawful retaliation by the City because of Lozman’s earlier opposition to the redevelopment plan. A jury found in favor of the City, however, and the U.S. Court of Appeals for the Eleventh Circuit affirmed that judgment. The jury’s determination that the arrest had been supported by probable cause, the court concluded, defeated Lozman’s First Amendment retaliatory arrest claim as a matter of law. The federal circuit courts of appeals have divided on that issue, however, and the Supreme Court subsequently granted certiorari to address whether the existence of probable cause defeats a First Amendment retaliatory-arrest claim as a matter of law.
To discuss the case, we have Lisa Soronen, Executive Director of the State & Local Legal Center.
Omnibus - Mary Anning (Entry 050.PS3420)
In which a working-class woman becomes one of the greatest scientists of her age, discovers dinosaur poop, and sells seashells by the seashore. Certificate #36073.
New Books in Native American Studies - Tore T. Petersen, “The Military Conquest of the Prairie” (Sussex Academic Press, 2016)
Tore T. Petersen, Professor of International and American Diplomatic History at the Norwegian University of Science and Technology, studies the final wars on the prairie from the Native American perspective in The Military Conquest of the Prairie: Native American Resistance, Evasion and Survival, 1865-1890 (Sussex Academic Press, 2016). When the reservation system took hold about one-third of tribes stayed permanently there, one-third during the harsh winter months, and the last third remained on what the government termed un-ceded territory, which Native Americans had the right to occupy by treaty. For the Federal government it was completely unacceptable that some Indians refused to submit to its authority. Both the Red River war (1874-75) in the south and the great Sioux war (1876-77) in the north were the direct result of Federal violation of treaties and agreements. At issue was the one-sided violence against free roaming tribes that were trying to maintain their old way of life, at the heart of which was avoidance on intermingling with white men.
Contrary to the expectations of the government, and indeed to most historical accounts, the Native Americans were winning on the battlefields with clear conceptions of strategy and tactics. They only laid down their arms when their reservation was secured on their homeland, thus providing their preferred living space and enabling them to continue their way of life in security. But white-man perfidy and governmental double-cross were the order of the day. The Federal government found it intolerable that what it termed “savages” should be able to determine their own future. Vicious attacks were initiated in order to stamp out tribalism, resulting in driving the US aboriginal population almost to extinction. Analysis of these events is discussed in light of the passing of the Dawes Act in 1887 that provided for breaking up the reservations to the Indian Reorganization Act of 1934 that gave a semblance of justice to Native Americans.
Ryan Tripp is an adjunct instructor for several community colleges, universities, and online university extensions. In 2014, he graduated from the University of California, Davis, with a Ph.D. in History. His Ph.D. double minor included World History and Native American Studies, with an emphasis in Linguistic Anthropology and Indigenous Archeology.
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The NewsWorthy - Facebook Privacy, Uber Trouble & Cynthia Nixon – Tuesday, March 20th, 2018
All the news you need to know for Tuesday, March 20th, 2018!
Today, more fallout at Facebook over privacy concerns, troubles for Uber's self-driving cars and President Trump's plan for drug dealers.
Plus: the first day of Spring comes with storms, a Sex and the City actress is running for governor and a popular sitcom from the 90s returns...
All that and much more in less than 10 minutes!
Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you.
For links to all the stories referenced in today's episode, visit https://www.theNewsWorthy.com and click Episodes.
Opening Arguments - OA157: Are Originalist Judges Qualified? (w/guest David Michael)
Way back in Episode 49, Andrew argued that lawyers who claim to follow in the footsteps of Antonin Scalia-style originalism should be disqualified from serving on the U.S. Supreme Court, and that Democrats on the Senate Judiciary Committee need to be challenging Scalia's acolytes (like Neil Gorsuch) on their underlying philosophy and not just their compassion (or lack thereof). In this episode, friend of the show David Michael challenges some of the points made by Andrew in the original episode , as well as raises new ones. Along with Thomas, we have a great three-way discussion about U.S. history, the Federalist papers, key cases, the underlying work of Robert Bork, and more. Does Andrew change his mind? Does Thomas? Listen and find out! After the lengthy interview, we end with the answer to an all-new TTTBE #67 about a gang party where the boss just wanted to "send a message." Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your guess. We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances None! Have us on your show! Show Notes & Links
- You can listen to our (ahem) original episode on originalism, Episode 49.
- Please also check out David Michael's new podcast, The Quorum!
- Here’s a link to the full text of the Federalist Papers.
- United States v. Carolene Products, 304 U.S. 144 (1938).
- Harmelin v. Michigan, 501 U.S. 957 (1991) is the infamous decision in which Scalia declared that the Eighth Amendment only bars punishments that are both “cruel” and “unusual in the Constitutional sense.”
Ologies with Alie Ward - Melittology (BEES) with Amanda Shaw
BEES! Hives, honey, and how to keep them as outdoor pets. Meet melittologist and President of the Urban Beekeepers Association, Amanda Shaw. She and Alie cozy up in a weird hotel in Portland to chat about honeybees vs. native ones, how to become a beekeeper, social savagery that rivals Game of Thrones, if you should eat honey to deal with seasonal allergies, what happens in the drone zone (hint: boning) and how we can SAVE THESE FRIGGIN BEES. Also: what happens when 15,000 bees go through a carwash.
For more on Amanda Shaw, see WaggleWorksPDX.com
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Sound editing by Steven Ray Morris
Music by Nick Thorburn
The Nod - Hold The Vibranium, Please
This week we’re heading to Wakanda, y’all! Black Panther's Erik Killmonger might be fine and fighting for black liberation, but does that make him a hero ? We invited Kara Brown and Aaron Edwards to help us decide: is Wakanda's rebel, good or bad for the Blacks ?
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Pod Save America - “Witch hunt!”
Trump begins publicly attacking Robert Mueller, only a few Republicans in Congress speak out, and Trump data firm Cambridge Analytica harvests data from 50 million Facebook profiles. Then Stoneman Douglas High School students David Hogg and Jackie Corin talk to Tommy and Jon about the upcoming March for Our Lives and their efforts to prevent gun violence.
Cato Daily Podcast - The Trouble with Paid Family Leave
What can we learn from other countries with mandated paid family leave? Why do so many prominent Republicans view the idea as a conservative one? Vanessa Brown Calder comments.
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The Gist - Are Receipts Toxic?
On today’s Gist, we’re nixing the Spiel to go on a Slate Podcasts retreat! Shouldn’t the White House staff have their own officewide retreat day?
Plus, Maria Konnikova considers receipt paper toxicity: Is it BS? Konnikova writes for the New Yorker and is the author of The Confidence Game.
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