If the sheriff who arrested this person has zero personal consequences that make him change his behavior, then it is de facto legal for them to arrest you for your speech.

They can do what they like, and your compensation if the courts think you were harmed, comes out of your own pocket as a taxpayer.

Show me the incentives and I’ll show you the outcome. The incentive here is that someone the government don’t like got put in a cell for a month and couldn’t speak, and they get no downsides. I wonder what will keep happening more and more.