The Supreme Court on Tuesday overturned a ruling against a Texas citizen journalist who was arrested by police for asking government questions, breathing new life into a free speech case that questions whether non-traditional media reporters are entitled to the same First Amendment protections.
Journalist Priscilla Villarreal’s lawsuit will now be reviewed by the U.S. Court of Appeals for the 5th Circuit. Earlier this year, the judges ruled 9-7 that it was not clearly unconstitutional for law enforcement in Laredo, Texas, to use a Texas statute to punish her for her reporting.
Known as “Lagordiloca” in Laredo, Villarreal has gained a large following on Facebook by livestreaming from crime scenes and accidents, known for her colorful commentary and muckraking on law enforcement misconduct.
Police targeted her after she published stories about a fatal accident and a Border Patrol agent’s suicide, using a statute criminalizing the solicitation of nonpublic information to arrest her.
Despite widespread criticism, Villarreal faced challenges in court as public employees were granted qualified immunity. However, the 5th Circuit overturned this decision, labeling it a violation of the Constitution.
The Supreme Court’s ruling now requires the 5th Circuit to reconsider in light of recent guidance in Gonzalez v. Trevino, which made it easier for victims of retaliatory arrests to seek justice.
