03-21-2012, 05:59 PM
He could have answered questions and avoided arrest to begin with.
Perhaps, perhaps not.
NYTImes wrote:
The appeals court said the arrest was lawful and so did not violate the Fourth Amendment. Mr. Howards lied about not touching Mr. Cheney, a point he has since conceded, and that was reason enough to arrest him, the appeals court said.
But the court nonetheless allowed Mr. Howards’s claim for retaliatory arrest to proceed to trial, saying his First Amendment rights may have been violated, since the agents could have been “substantially motivated” to take action against him based on his remarks.