By: Joel Stephen Mattson

The First Amendment isn’t a polite suggestion — it’s a binding command to government: Do. Not. Touch. our rights to speak, assemble, petition, or practice our beliefs.

And yet, across the country, officials trample these rights daily. People get arrested for filming cops. Whistleblowers are silenced. Peaceful protests are broken up. And anyone who dares challenge authority is branded a threat.

But here’s the truth they don’t want you to know: you have absolute, constitutional power — and you can fight back.

What the First Amendment Actually Says

Let’s not play legal games. Here’s the raw text:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

That one sentence is a complete firewall. Not a guideline. Not a suggestion. A prohibition on government interference.

And yet — try handing out flyers in front of a courthouse, recording your own arrest, or calling out police misconduct on social media. Watch how fast the so-called authorities try to shut you down.

How First Amendment Violations Happen in Real Life

They rarely say, “We’re censoring you.” Instead, they use sneaky tactics like:

• Retaliatory arrest (e.g., punishing you for filing a complaint)
• Unlawful bans or trespass orders from public buildings
• Press restrictions at protests or city hall meetings
• Blocking public comment or limiting speech in open forums
• Threats, intimidation, or coercion for speaking out

Each of these is a First Amendment violation. Period.

The Supreme Court Has Already Spoken

Let’s bring the hammer down with case law:

• Houston v. Hill, 482 U.S. 451 (1987): “[T]he First Amendment protects a significant amount of verbal criticism and challenge directed at police officers.”
• Garcetti v. Ceballos, 547 U.S. 410 (2006): While public employees can be limited in official duties, retaliation for speaking out on matters of public concern is unconstitutional.
• Tinker v. Des Moines, 393 U.S. 503 (1969): Students don’t “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
• Snyder v. Phelps, 562 U.S. 443 (2011): Even offensive, emotionally charged protest speech is protected — the Court upheld the right to protest at a military funeral.

These are not gray areas. The law is clear: You have the right to speak, criticize, expose, assemble, and petition.

When Police or Officials Cross the Line

Here’s what to do when your rights are violated:

1. Document it immediately – video, audio, written summary with date/time/place.
2. Get witnesses – affidavits from others who saw or heard the violation.
3. File a written complaint – even if they ignore it, it becomes evidence.
4. Preserve your speech – social media, protest materials, letters you sent.
5. File a civil rights lawsuit under 42 U.S.C. § 1983 for First Amendment retaliation.

That last one is the real teeth. When officials retaliate against you for protected speech, you can sue them personally — and qualified immunity won’t protect them if the right was clearly established.

How Joel Stephen Mattson Fought His Personal Case of Police Misconduct

In my own case, the retaliation was blatant. I attempted to file a complaint against Officer Turner. Instead of honoring that right, I was threatened with arrest. Under Texas Penal Code § 36.06, that’s retaliation — and under the First Amendment, it’s a civil rights violation.

But I didn’t just shout about it on Facebook. I built a lawsuit with hard evidence, timestamps, video exhibits, and affidavits. I referenced Supreme Court precedent, state criminal code, and exposed the pattern of misconduct that proves it was retaliation — not law enforcement.

That’s how you don’t just defend your rights. You weaponize the Constitution in court.

What Others Have Done to Win Their Case

• Copwatch activists in Arizona were arrested for filming in public. They sued, and the city settled after the judge ruled the First Amendment clearly protected their actions.
• In Doe v. Michigan State Police, a protestor detained for handing out flyers at a public event won damages after proving retaliation for political speech.
• Bret Weinstein, a professor who challenged mandatory ideology at Evergreen State College, was harassed and pushed out. He filed suit and settled with the university, proving the power of standing firm.
• A North Carolina man was banned from city hall for criticizing police during public comment. The Fourth Circuit ruled it was a violation of the First Amendment.

Each of these cases used one thing: lawful, relentless exposure of unconstitutional behavior.

Tools to Fight Back Harder

Here’s your starter arsenal:

• Affidavit of Retaliation
• Notice of First Amendment Violation
• Sample §1983 Civil Rights Complaint
• Public Accountability Press Release Template

You’ll find them all in the [Legal Document Vault] on JoelStephenMattson.com. Use them. Share them. Customize them.

You don’t need permission to fight back. You already have it — in writing.