Florida Man Gets Rare Second Case Before Supreme Court

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Publish Date:
November 13, 2017
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USA Today
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Summary

Fane Lozman’s first foray at the Supreme Court resulted in a relatively narrow victory for the owners of floating homes. His return visit could have a much broader impact on police powers and freedom of speech.

The high court granted Lozman a rare distinction Monday by agreeing to hear his second case in five years against his nemesis, the city of Riviera Beach, Fla. Few people get two Supreme Court cases in their name, and those who do usually return over the same issue.

While he once had to represent himself in court, Lozman now has the influential Stanford Law School Supreme Court clinic to argue his case early next year. Its brief examines the history of police “enforcing minor laws” to block protesters, such as Martin Luther King Jr.’s 1956 arrest and jailing for driving 5 miles over the speed limit.

“Recent years have seen a fresh surge of civic engagement, much of it involving criticism of the government,” Pamela Karlan, a law professor and former top Justice Department official, said in court papers. “Thus, the risk of retaliatory arrests remains a pressing concern.”

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