On behalf of the Village of Wilmette, Michael Hartigan recently briefed and argued before the 7th Circuit Court of Appeals in the matter of Marshall Spiegel v. Village of Wilmette, 18-1070.
Spiegel, while recording his neighbor, McClintic, was threatened with arrest for disorderly conduct. Spiegel challenged this threat arguing that the First Amendment protected his conduct as it occurred in a public space. The District Court and Appellate Court rejected this argument finding that the officers’ actions did not violate his constitutional rights, were not representative of a larger policy of the Wilmette Police Department and that the Village’s disorderly conduct ordinance applied to such conduct.
A link to this interesting opinion is below: