The U.S. Supreme Court has revived the case of Priscilla Villareal, a citizen journalist from Laredo, Texas, who was arrested in 2017 for requesting information from a police officer.
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On October 15, the court ordered the U.S. Court of Appeals for the Fifth Circuit to reconsider her case after a ruling in Gonzalez v. Trevino, a case similar to hers.
Villareal covers local news on Facebook with an audience of over 200,000 followers. She was charged under a Texas law prohibiting seeking non-public information with “intent to obtain a benefit.”
The charges were related to the journalist’s efforts to confirm the identities of individuals involved in high-profile incidents, including a suicide and a fatal car accident. Villareal published the information after a police officer voluntarily confirmed the details of the cases.
The charges against her were eventually dismissed, but Villareal sued local authorities, arguing that the arrest was an unconstitutional retaliation against her. A lower court ruled against the journalist, arguing that the authorities were covered under qualified immunity, a legal doctrine that shields government officials from legal repercussions unless their actions clearly violate the Constitution. But the Supreme Court decided to vacate this ruling and send the case back for reconsideration.
Villareal’s case has garnered support from several high-profile news outlets, including The New York Times and The Washington Post. “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,” she said.
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The Foundation for Individual Rights and Expression (FIRE), the organization representing Villareal, published a post suggesting that Villareal’s case will have broader implications. JT Morris, an attorney for the organization, said, “This case is vital for free speech, a free press, and ensuring officials are accountable when they trample the First Amendment.”
The Texas law used to prosecute the journalist had never been enforced before her case, according to FIRE. Villareal’s case is similar to a June 2024 Supreme Court ruling in Gonzalez v. Trevino, which involved law enforcement arresting a city councilwoman for removing a public document. The court also allowed her case to proceed, arguing that selective enforcement of laws could be considered unconstitutional if done in retaliation.
U.S. Circuit Judge Edith Jones, who sided against Villareal, arguing that it is “inappropriate” to portray the journalist “as a martyr for the sake of journalism.”
“She could have followed Texas law, or challenged that law in court, before reporting nonpublic information from the backchannel source,” the judge insisted.
An amicus brief filed by The New York Times and other outlets argued that “journalism of the last two-and-a-half centuries would be unrecognizable without the right to seek answers from public officials.”
Villareal’s case illustrates the importance of protecting the First Amendment rights of all journalists – not just ones working for established news outlets. Independent journalists should enjoy the same protection. The notion that law enforcement should be allowed to arrest an individual for publishing information that was freely given to her appears to be a brazen violation of the Constitution. The ability to ask government officials questions is a bedrock right that should never be criminalized.
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If Villareal wins her case, it will not only be a victory for her but for all non-traditional independent journalists, who are playing an increasingly essential role in today’s media landscape. Pretending that her actions are “not real journalism” undermines independent and diverse voices in the public square.
As her attorney JT Morris put it: “Americans shouldn’t be jailed for asking public officials a question, and government officials shouldn’t get a free pass when they violate our fundamental rights.”
Read related: ‘Clear Violation of the Constitution’: Supreme Court Revives Case of Jailed Texas Journalist
