On a Saturday night in May 2021, Mason Murphy was walking on the shoulder of a rural road in Sunrise Beach, a small Missouri town, when he was accosted by a local police officer, Michael Schmitt, who asked him to identify himself. Since Murphy was minding his own business and was not, as far as he knew, doing anything illegal, he did not think he should have to comply with that request. Murphy’s objection resulted in a nine-minute argument with Schmitt, who ultimately handcuffed Murphy and took him to jail, where he was detained for two hours.
Why? Schmitt had trouble answering that question. “I didn’t want him walking down my highway,” he told another officer at the jail. Schmitt also suggested that Murphy was being held “for being an asshole” and that he would stay in jail “until he decides to play nice.” Even after consulting with a senior officer and a local prosecutor, Schmitt could not come up with a valid reason to arrest Murphy, who was released without being charged.
Five months later, Murphy sued Schmitt for violating his First Amendment rights by arresting him in retaliation for constitutionally protected speech. A federal judge dismissed Murphy’s claim, and last year the U.S. Court of Appeals for the 8th Circuit upheld that decision. But this week the U.S. Supreme Court revived Murphy’s lawsuit, remanding the case for further consideration in light of Gonzalez v. Trevino, a June 2024 decision that made it easier for victims of retaliatory arrests to make a case for compensation.
“This decision is a huge step forward, not just for Mason Murphy, but for all Americans who have been retaliated against by government officials for their speech,” said Marie Miller, an attorney at the Institute for Justice, which filed Murphy’s Supreme Court petition. “Our work is building lasting precedent, making it easier for people to hold officials accountable when their rights are violated. We will continue fighting until all Americans are protected against government retaliation.”
Although Schmitt evidently did not realize it at the time, Murphy had broken the law: He had violated Section 300.405.2 of Missouri’s statutes, which says: “Where sidewalks are not provided any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.” Murphy was walking on the right side of the road when Schmitt approached him—a fact to which the officer alluded during the initial encounter, most of which was recorded by Schmitt’s body camera.
Hellbound and Down 