Hulbert v. Pope Being Heard before the 4th Circuit

On the morning of May 3, 2021, Jeff Hulbert passed away after a courageous fight against cancer. On the morning of May 3rd, 2023, his brothers, Kevin and Clayton Hulbert, will be before the US Court of Appeals for the Fourth Circuit in the State’s appeal of a lower court decision that denied qualified immunity for an officer who arrested Jeff and Kevin for exercising their First Amendment rights on the public sidewalk in front of Lawyer’s Mall in 2018. The questions presented on appeal are whether the district court correctly denied qualified immunity for those arrests and whether First Amendment protects right to record the police and, if so, whether that right was “clearly established” for purposes of qualified immunity. Second Amendment rights cannot be defended without advocacy protected by the First Amendment. Cary Hansel will argue on behalf of the Hulberts and Maryland Shall Issue. The Fourth Circuit will stream audio of the oral argument live HERE (and below). There is one case ahead of Hulbert at 9am, which puts the start of oral argument sometime around or after 9:30am. Visit the case page HERE to learn more about this suit.