'Clear Violation of the Constitution': Supreme Court Revives Case of Jailed Texas Journalist

In a significant victory for free speech and government accountability, on Tuesday, the U.S. Supreme Court revived the lawsuit of independent journalist Priscilla Villarreal, who was jailed for asking a police officer to confirm facts related to local incidents. This ruling sends her case back to the Fifth Circuit for further review, overturning a previous dismissal.

Priscilla Villarreal, known locally as La Gordiloca—a term that translates roughly to “the chubby crazy lady” (carrying a more affectionate connotation in Spanish), is represented by the Foundation for Individual Rights and Expression (FIRE). The charges stemmed from her inquiry into a high-profile suicide of a border patrol agent and a fatal car accident—questions that any journalist would typically ask.

Villarreal is described as “arguably the most influential journalist in Laredo” by The New York Times and has amassed an online following of over 200,000 on Facebook. Her reporting, including criticism of local government officials, made her a target of harassment and intimidation from those in power.

Villarreal faced arrest in 2017 under a Texas law that prohibits soliciting nonpublic official information “with intent to obtain a benefit.” Authorities claimed she aimed to promote this information on her Facebook page for personal gain. However, this law was intended to target corruption and insider trading in government contracts, not to members of the press. To date, no one has been convicted under this statute.

After a Texas judge blocked her prosecution, finding the statute to be unconstitutionally vague, Villarreal sued the officers involved in her arrest in federal court. She argued that they targeted her due to her outspoken criticism of local law enforcement. Following the arrest, she reported that several officers mocked her, laughing while taking pictures with their cellphones.

Initially, a federal judge dismissed Villarreal's lawsuit, ruling that qualified immunity shielded the officers. A panel from the Fifth Circuit reversed that decision in 2021. However, the entire Fifth Circuit decided to reconsider that ruling and, in a 9-7 decision, tossed out her lawsuit.

Judge James Ho wrote:

Priscilla Villarreal was jailed for merely asking a police officer a question. If that doesn’t constitute a clear violation of the Constitution, it’s difficult to imagine what does.

In April, FIRE petitioned the Supreme Court to hear Villarreal’s case, emphasizing the need for accountability when government officials violate First Amendment rights. A coalition of over 40 individuals and organizations joined the effort, submitting "friends of the court" briefs in support of Villarreal.

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With Tuesday's decision, the Supreme Court has vacated the Fifth Circuit’s ruling and instructed it to reassess Villarreal's claims in light of the recent Supreme Court case, Gonzalez v. Trevino. This earlier decision reinforced the rights of Americans to hold officials accountable for retaliatory actions against free speech.

Villarreal stated:

I’m grateful for the Supreme Court’s decision. It has been a challenging seven years since Laredo officials attempted to silence me, and this marks a significant step toward rectifying the wrongs I have faced.

FIRE attorney JT Morris said:

We’re thrilled over today’s decision and look forward to helping Priscilla continue her fight. This case is vital for free speech, a free press, and ensuring officials are held accountable when they trample on the First Amendment.

The Supreme Court’s ruling not only revives Villarreal’s lawsuit but also serves as a reminder of the importance of protecting journalists and holding government officials accountable for their actions. In a time when free speech is increasingly under threat, this case is a testament to the resilience of those who dare to challenge authority and uphold press freedom as the backbone of democracy.