Supreme Court Reopens Texas Online Journalist’s Lawsuit Over 2017 Arrest

Justices Order Appeals Court to Reconsider Priscilla Villarreal’s Case

The U.S. Supreme Court on Tuesday reopened the case of Priscilla Villarreal, a Texas-based online journalist who was arrested in 2017 for obtaining and publishing nonpublic information from the police. The justices sent the case back to the 5th U.S. Circuit Court of Appeals, ordering it to reconsider Villarreal’s lawsuit in light of a recent ruling in a similar Texas case.

Background of the Arrest

Villarreal, known online as “La Gordiloca,” was arrested after she published information on Facebook about a suicide and a car accident, information that she had obtained from a police officer. Local authorities argued that Villarreal sought the information to gain followers on social media, leading to her arrest under a Texas law that criminalized the receipt of nonpublic information from government officials.

In 2018, a state judge ruled that the law used to arrest Villarreal was unconstitutional, leading to the dismissal of her criminal case. Following that decision, Villarreal filed a lawsuit seeking damages against the police officers and officials involved in her arrest, arguing that her First Amendment rights were violated.

Legal Immunity Challenge

Despite the state judge’s ruling, the 5th Circuit Court of Appeals ruled 9-7 in favor of the officials Villarreal sued, granting them legal immunity. The appeals court’s decision was based on the notion that officials were acting within the scope of their duties. Villarreal’s case drew attention from free speech advocates and media organizations, who saw it as a crucial battle for press freedoms, particularly in the realm of citizen journalism.

Supreme Court’s Decision

The Supreme Court’s order instructing the 5th Circuit to reexamine Villarreal’s case comes after the Court’s June 2023 ruling in a similar case from Texas involving former city council member Sylvia Gonzalez. In that case, Gonzalez argued she was wrongfully arrested as retaliation in a political dispute. The Court’s decision in her case set a new precedent, offering those wrongfully arrested a chance to pursue their lawsuits.

In Villarreal’s case, the Supreme Court’s order indicates that the legal immunity granted to the officials who arrested her should be reconsidered in light of the protections offered under the First Amendment.