Supreme Court Intervenes on Behalf of Citizen Journalist Arrested by Texas Police for Reporting on Border Patrol Agent’s Suicide

The Supreme Court on Tuesday ordered an appeals court to reconsider the lawsuit of citizen journalist Priscilla Villarreal, who was arrested in December 2017 for asking questions of a police officer in Laredo, Texas.

Villarreal, who reports local news on her Facebook page instead of a traditional news outlet, was arrested under a Texas statute that criminalizes any person who seeks non-public information from a public servant to gain a personal advantage. The alleged crime relates to communications between the citizen journalist and a Laredo police source, who confirmed the names and identities of victims in a high-profile suicide and a fatal car accident.

Villarreal published the name of the suicide victim, who was a U.S. Customs and Border Protection employee, and the last name of a Houston family involved in the traffic accident before receiving corroborating information from the police officer. She was then charged with two felony counts of misuse of official information.

In January, the U.S. Court of Appeals for the Fifth Circuit’s majority dismissed the case in a 9-7 ruling, after a three-judge panel of the court previously sided with Villarreal in November 2021. Before going to the appeals court, the case was first dismissed by a district court judge.

The Foundation for Individual Rights and Expression, which has represented Villarreal throughout her legal troubles, asked the Supreme Court to intervene in April. The Court agreed to review the lower court’s decision, vacated the judgment, and sent the case back to the Fifth Circuit.

Without providing an explanation, the Court wrote that the case should be reconsidered in light of its Gonzalez v. Trevino decision from June. That ruling empowers Americans to sue government officials when they are arrested or otherwise punished in retaliation for their speech.

“I’m grateful for the Supreme Court’s decision,” Villarreal said in a statement. “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.”

Villareal’s lawsuit, initially filed in May 2019, seeks compensatory and punitive damages for the arrest. The amount of damages would be determined by a jury at trial.

After her lawyers asked the Supreme Court to hear her case, Villarreal has gained the support of over 40 media organizations, civil liberties groups, and individuals who advocate for press freedom. Among the notable groups that wrote “friend of the court” briefs include the New York Times, the Texas Tribune, the Washington Post, Young America’s Foundation, and Cato Institute.

FIRE said Villarreal’s lawsuit has “deep implications” for maintaining free speech and a free press in the U.S. without government overreach.

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