This bulletin is intended to make police officers and municipalities aware of the potential civil liability associated with arresting individuals for obstruction of a public official when performing their police duties.

Introduction

Officers routinely encounter individuals who are disrespectful, challenge their authority and criticize their actions.  General criticism of the police, even if expressed in abusive or disrespectful terms, is not obstruction and is generally protected free speech.  The Supreme Court requires substantial justification before police can interfere with the right to free speech or make an unlawful arrest. Making inappropriate arrests of individuals for obstructing a police officer in circumstances where courts will find their actions to be merely an exercise of their First Amendment right to free speech can be counter-productive, both in terms of community relations and potential civil liability.