To set a precedent that it’s not okay for the state to arrest its critics.” Petersen added, “I hope this case can set a precedent to strike down unconstitutional rules - like Newton had - across Iowa and the rest of the country. “…No one should have to fear being jailed for exercising their rights in a democracy.” “Since I’m not a wealthy landlord it’s OK to silence and ignore my voice,” he said, explaining that he is pursuing this federal lawsuit to stand up for everyone’s right to criticize their government.

He referenced the council’s recent discussions with landlords who criticized the city’s inspection programs without retaliation.

In a statement that Petersen also provided to the Des Moines Register, he said being arrested twice at council meetings has really discouraged him from even engaging with public officials. Near the end, Morris said, “You, like Noah, have the right to speak out against your government without fear or retaliation.” It all depends on the city’s response.Īt the time the lawsuit was filed, the Institute for Justice launched a video titled “IRONY: Citizen Arrested for Calling Mayor ‘Fascist’ at Council Meeting.” In it, Petersen and Morris defend the case. So we’ll probably have that fight at the beginning of whether or not they are entitled to immunity.”Īlthough he did not want to make any solid predictions about the case, Morris said it could take about a year to complete. “You told him to leave because of his speech.

“From our position, you told him to leave because you didn’t like what he had to say,” Morris said. The legal team representing Petersen also argues the city, mayor Mike Hansen and police chief Rob Burdess violated the Fourth Amendment by arresting their client without probable cause, saying that calmly criticizing the government during a public comment period is not illegal and is, in fact, protected speech. Supreme Court says you can’t do,” Morris said in an interview with Newton News. “We’re also bringing what’s called a facial challenge to that saying that rule violates the Constitution because it discriminates based on the content of someone’s speech or their viewpoint, which the U.S. The litigation team also allege the City of Newton violated his rights through its policies, particularly a rule prohibiting derogatory comments. According to the complaint filed by Petersen’s attorneys, he demands a jury trial.īrian Morris, an attorney from the Institute for Justice, said the mayor and the police chief violated Petersen’s constitutional rights by retaliating against him at past council meetings. 12 it has teamed up with Petersen, 23, to seek compensatory and punitive damages against the City of Newton and its officials.

The Institute for Justice, a nonprofit, public interest law firm, announced on Thursday, Oct. Noah Petersen, the Newton resident who was arrested two times in 2022 after criticizing government officials during the public comment portion of city council meetings, has filed a federal lawsuit against the city, the mayor and the police chief, saying his First, Fourth and Fourteenth Amendment rights were violated.

Nate newton arrest