In Lozman v City of Riviera Beach, 585 U. S. ____ (2018), Fane Lozman, an outspoken critic of the Riviera Beach City Council, scored a second victory before the U.S. Supreme Court. By a vote of 8-1, the Court held that the existence of probable cause does not bar Lozman’s First Amendment retaliation claim under the unique circumstances of his case. The Court declined to address whether the existence of probable cause could ever defeat a First Amendment retaliatory arrest claim.
