Overview
- Chief Judge Stephanie M. Rose held that Noah Petersen’s two 2022 arrests at city council meetings violated the First, Fourth, and 14th Amendments.
- The court found Newton’s “Derogatory Comments Rule” vague, overbroad, and applied in a viewpoint-discriminatory manner that silenced criticism while allowing praise.
- Rose ruled Petersen’s remarks were protected: calling an officer a “domestic abuser” was substantially true and labeling officials “fascists” was political hyperbole.
- The judge found no probable cause for disorderly conduct because Petersen was a recognized speaker, stayed within decorum, and was targeted for his viewpoint.
- The case now moves to determining damages, with liability established against the city and qualified immunity rejected for Mayor Michael Hansen and Police Chief Rob Burdess.