threat of arrest

Second Circuit

Huminski v. Corsones, 396 F.3d 53, 93 (2d Cir. 2004) (“Our review thus suggests to us that the defendants violated Huminski’s First Amendment right of free expression by issuing the trespass notices.”).

Eighth Circuit

Bounds v. Hanneman, CIV. 13-266 JRT/FLN, 2014 WL 1303715, at *8 (D. Minn. Mar. 31, 2014) (“The Court concludes that a reasonable officer would have known that the law of the First Amendment clearly established that the facts as alleged by Plaintiffs—targeting protesters as candidates for the DRE program and intimating that failure to participate would result in arrest—amounts to a violation of free speech rights.”).