On October 31, 2005, the Supreme Court of the United States refused to hear an appeal brought by Paul Schlaflin, a man who was arrested for painting a slur on his car after the terrorist attacks of 9/11. Schlaflin painted the words, "Death to the Sand Niggers," on his car. He was arrested and he subsequently sued the arresting officers, claiming that his First Amendment rights were violated.

The U.S. Court of Appeals for the Third Circuit affirmed a district court ruling that the officers were entitled to qualified immunity, even if First Amendment rights were implicated by the suit. The Supreme Court's refusal to hear Schlaflin's appeal effectively upholds the Third Circuit's decision.

The opinion of the Third Circuit is available here.