United States: Court Denies Priscilla Villarreal Damages in Wrongful Arrest Lawsuit
The citizen journalist is taking the case to the Supreme Court
Location: United States, Texas
Date: January 23, 2024Update: October 15, 2024
The Coalition For Women In Journalism and Women Press Freedom stands in solidarity with Priscilla Villarreal, a citizen journalist who has been denied damages in her lawsuit following her unlawful arrest in 2017. Priscilla Villarreal, a Latina woman, has been a fearless advocate for accountability journalism, especially in Latino and marginalized communities. Her work has shed light on critical issues that often go unreported, making her a vital voice in journalism. The recent decision by the 5th U.S. Circuit Court of Appeals to not revive her case is concerning and raises important issues related to press freedom and the protection of journalists' rights. Priscilla Villarreal, also known as La Gordiloca, was initially arrested in 2017 and charged with the misuse of official information after reporting on a tragic incident involving a federal law enforcement official. The court’s decision to protect police officers and officials through legal immunity is a step backward for press freedom and undermines the essential role of journalism in a democratic society. Journalists must be allowed to carry out their duties without the fear of persecution or legal repercussions. We wholeheartedly support Priscilla Villarreal's decision to petition the Supreme Court for further review of her case.
In a blow to press freedom, a majority of judges on the U.S. Fifth Circuit Court of Appeals dismissed a lawsuit brought by Laredo citizen journalist Priscilla Villarreal, known as La Gordiloca, and endorsed a broad interpretation of government authority that allows law enforcement to apprehend journalists who are simply trying to obtain essential information through alternative means.
Priscilla Villarreal, an online citizen journalist from Texas, was wrongfully arrested for obtaining nonpublic information from the police. Villarreal's arrest was triggered by reporting on the suicide of a federal law enforcement official who jumped off a highway overpass, revealing the official's name and employer on Facebook Live. Months later, the Laredo police obtained an arrest warrant for her on charges of misuse of official information, a misdemeanor in Texas.
“I had to make the point that it’s not right to get arrested for my freedom of speech and freedom of the press”
Villarreal faced criminal charges that were later dismissed by a state judge who found the law used for her arrest to be unconstitutional. Subsequently, Villarreal started legal action against the city of Laredo, Webb County, as well as the police officers and prosecutors responsible for her arrest. She asserted her entitlement to damages on the grounds that her arrest was unwarranted, given that her posting of information on her Facebook page, "Lagordiloca News LaredoTx," should not have led to her arrest.
“I had to make the point that it’s not right to get arrested for my freedom of speech and freedom of the press,” Villarreal said ahead of the hearing.
However, she faced defeat in a 9-7 ruling by the 5th U.S. Circuit Court of Appeals. Notably, judges appointed by both Republican and Democratic presidents expressed strong dissent.
According to court records, the law under scrutiny defined the criminal offense of "misuse of official information" as the intentional use of non-public information for personal gain or to harm or defraud others. In the case of Priscilla Villarreal, authorities argued that she could benefit from using such information, including the identities of a person who committed suicide and a family involved in a car accident, to gain popularity on her Facebook page, Lagordiloca News LaredoTx.
“Any law enforcement agency basically has a green light right now to go out and arrest and threaten or detain journalists who publish documents that are leaked from the government”
“Any law enforcement agency basically has a green light right now to go out and arrest and threaten or detain journalists who publish documents that are leaked from the government,” says Daxton “Chip” Stewart, a media law professor at Texas Christian University. “If that journalist spends a night in jail, they don’t have a remedy and can’t sue for a civil rights violation.”
In an official email statement, Villarreal and her attorney declared their intention to petition the Supreme Court for further review of the case.
“If that journalist spends a night in jail, they don’t have a remedy and can’t sue for a civil rights violation”
In October 2024, the U.S. Supreme Court directed the Fifth Circuit to reconsider the case. This decision is a critical step toward protecting the rights of journalists and ensuring that law enforcement cannot target those who report on government actions.
The Coalition for Women in Journalism and Women Press Freedom strongly condemns the recent decision by the U.S. Fifth Circuit Court of Appeals regarding citizen journalist Priscilla Villarreal but welcomes the Supreme Court’s decision. This decision endorses an alarming expansion of government power that threatens the very essence of investigative journalism, essentially granting law enforcement agencies the unchecked authority to arrest and intimidate journalists who seek to hold the government accountable by publishing documents and information obtained through legitimate journalistic practices. This ruling creates a chilling effect on investigative journalism, as journalists will now fear potential arrests and legal action when reporting on government misconduct or seeking information through back channels. We call on the U.S. Supreme Court to review this case and protect the rights of journalists to seek and report critical information in the pursuit of transparency, accountability, and the public interest.
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help women career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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