Mass. high court hears arguments on juveniles' resisting-arrest convictions and First Amendment limits

The Supreme Judicial Court of Massachusetts heard argument on appeals from juveniles challenging convictions for resisting arrest, focusing on whether the Commonwealth presented sufficient evidence that the youths used force or created a substantial risk during arrests and whether the statute's "color of law" requirement must account for First Amendment activity.

The issue matters because the court's interpretation could narrow or expand when police may lawfully arrest protesters or bystanders who record or shout at officers; attorneys for the juveniles asked the court either to vacate adjudications or to provide guidance clarifying the statute's elements.

Attorney Jellison, representing Friedrich F., urged the court to read the resisting-arrest statute to limit police power and to treat the color of law element as protecting clearly protected First Amendment conduct. Jellison told the justices, "the Commonwealth cannot meet its burden on the color of law element if the person arrested was exercising their clearly protected first amendment rights." The attorney argued that video evidence undermined Officer Vaughn's testimony that a crowd surged and that the arresting officers lacked a good-faith basis for…