Pearson Qualified Immunity Analysis Extended to First Amendment Claim

Commentary on last month's decision in Pearson v. Callahan predicted that the Supreme Court's revised approach to Fourth Amendment qualified immunity cases would extend to other areas of constitutional law, including cases where a First Amendment violation was asserted.  (see prior post here). 

Taking that approach, the Tenth Circuit has affirmed a lower court decision against a Utah artist who was arrested for selling his artwork in a public park without first obtaining a license pursuant to a city ordinance.  Exercising its "newfound discretion" under Pearson, the court concluded that the arresting officers were entitled to qualified immunity because the law was not "clearly established" at the time it was enforced, though the city would have to defend the constitutionality of its permit scheme on remand.  More on Christensen v. Park City Municipal Corporation from The First Amendment Center.