How Sotomayor nailed a 'blatant First Amendment violation' by Texas police

Chief Justice of the Supreme Court John Roberts with Associate Justice Sonia Sotomayor on March 7, 2024. SHAWN THEW/Pool via REUTERS

On Monday, March 23 in the case Villarreal v. Alaniz, the U.S. Supreme Court rejected an appeal from Laredo, Texas-based journalist Priscilla Villarreal — who believes she was wrongly arrested while doing her work. Villarreal argued that the arrest was a First Amendment violation, but most of the High Court's justices disagreed with her appeal and declined to take the case.

Liberal Justice Sonia Sotomayor, however, offered a vehement dissent in the decision, agreeing with Villarreal (who goes by La Gordiloca online) that journalism was being treated like a crime.

In a newletter published by Slate on March 26, journalist Shirin Ali emphasizes that the High Court's Villarreal v. Alaniz decision and Sotomayor's dissent come at a time when journalism is under attack from the second Trump Administration.

"This week," Ali argues, "the Supreme Court effectively shielded the nation's law enforcement from consequences when it treats journalism as a crime. In rejecting an appeal in Villarreal v. Alaniz, the Court has allowed local officials in Texas to remain immune from prosecution for arresting a journalist who published information she received from a government official. This case presented a strikingly simple question: Does it violate a journalist's First Amendment rights if they are arrested for requesting and publishing information that a government employee willingly hands over?.... The case of Villarreal v. Alaniz has been ping-ponging through the courts since 2019, when it was first filed by Priscilla Villarreal….. Things took a sharp turn for her in 2017, when she was arrested at her home for allegedly violating section 39.06(c) of the Texas Penal Code."

Ali adds, "The obscure law bans a person from soliciting or receiving nonpublic information from a public servant by means of their office or employment with the intent to obtain a benefit."

The Slate reporter notes that although a judge dismissed the charges against Villareal and criticized the Texas law for being too vague, Villareal "fought back with a lawsuit demanding damages."

In her dissent, Sotomayor laid out her arguments in favor of Villareal's position.

The Barack Obama appointee wrote, "It should be obvious that this arrest violated the First Amendment….. By arresting Villarreal, rather than solely disciplining the employee for any wrongdoing, county officials took this 'everyday journalism' and transformed it 'into a crime.' This was a blatant First Amendment violation. No reasonable officer would have thought that he could have arrested Villarreal, consistent with the Constitution, for asking the questions she asked."

The High Court's March 23 decision, Ali argues, is especially bad in light of the Trump Administration's attacks on the First Amendment.

"As we collectively watch Trump's second presidency play out, when he has weaponized every tool at the executive's disposal to attack speech he does not like —Washington Post reporter Hannah Natanson, late night host Jimmy Kimmel, and a slew of major national news organizations come to mind — the Supreme Court's lack of action threatens all Americans," Ali writes. "Journalists have a singular ability to hold the Trump Administration and local governments all across the country accountable, through shedding light on what they are doing and how they are wielding their power. Criminalizing this work without consequence doesn't just endanger those journalists; it threatens everyday Americans who rely on local and national reporting in nearly all aspects of their lives."

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