This Court Case Could Make It a Crime To Be a Journalist in Texas

[Nevilledog]

https://reason.com/2022/11/04/this-court-case-could-make-it-a-crime-to-be-a-journalist-in-texas/

It has been five years since police in Laredo, Texas, mocked and jeered at Priscilla Villarreal, a local journalist often critical of cops, as she stood in the Webb County Jail while they booked her on felony charges. Her crime: asking the government questions.

That may seem like a relatively obvious violation of the First Amendment. Yet perhaps more fraught is that, after all this time, the federal courts have still not been able to reach a consensus on that question. Over the years, judges in the 5th Circuit have ping-ponged back and forth over whether jailing a journalist for doing journalism does, in fact, plainly infringe on her free speech rights.

The U.S. District Court for the Southern District of Texas awarded those officers qualified immunity, the legal doctrine that allows state and local government officials to violate your constitutional rights without having to face federal civil suits if that violation has not been "clearly established" in case law. The U.S. Court of Appeals for the 5th Circuit forcefully overturned that: "If [this] is not an obvious violation of the Constitution, it's hard to imagine what would be," wrote Judge James C. Ho.

Last week, the full spate of judges on the 5th Circuit voted to rehear the case in a rare move that signals some discontent with Ho's majority conclusion. Put differently, it's not looking good for Villarreal, nor for any journalist in the 5th Circuit who would like to do their job without fear of going to jail for it.

*snip*

[ProudMNDemocrat]

1. Freedom of the Press and Speech, ILLEGAL in Texas?

The US Constitution be damned. What the fuck is this country turning into? Nazi Germany of the 1930's.

[arthritisR_US]

4. Yep, certain states are totally on board with that

regressive thinking.

[paleotn]

2. It's not already?

My advice. If you can, leave Texas.

[Cha]

3. Oh for Shit sake.

[onenote]

5. Interestingly, the full throated defense of the citizen journalist in this case is from a Trump

appointed Justice.

For anyone interested in reading the 2-1 decision that has now been vacated and will be reheard by the full court en banc: https://fingfx.thomsonreuters.com/gfx/legaldocs/gdvzqrnmmpw/10282022police_5th.pdf

[Initech]

6. Republicans are shredding the constitution, while claiming to be the most pro-Consitution party.

WTF is wrong with them?