Supreme Court of the United States denies Priscilla Villarreal appeal on qualified immunity, raising concerns over free speech protections and press rights

The U.S. Supreme Court has declined to hear an appeal from online citizen journalist Priscilla Villarreal, who sought to revive her lawsuit against Laredo, Texas authorities. Villarreal accused them of wrongful arrest and violating her free speech rights after she obtained nonpublic case information from police. The justices upheld a lower court's decision that the officers and prosecutors involved were protected by qualified immunity.

Liberal Justice Sonia Sotomayor dissented from the Supreme Court's decision to deny the case. Villarreal had garnered significant support from prominent U.S. media outlets and free speech advocates. Qualified immunity is a legal defense that can shield government officials from liability in lawsuits over their actions. Villarreal had asked the Supreme Court to rule that this defense is unavailable to public officials who use a state statute in a way that clearly violates the First Amendment. She contended this was the case when police arrested her.

Priscilla Villarreal has become a popular news source in Laredo, with over 200,000 people following her Facebook page. She regularly reports on crime, events, and government activities.

In 2017, she was charged with two felony counts of misuse of information. This followed her publication of the identities of suicide and car crash victims on Facebook. She had verified this information by speaking with a Laredo police officer.

The Texas statute under which she was charged criminalizes soliciting nonpublic information from a government official with the intent to obtain a benefit. Prosecutors alleged that Villarreal used this information to increase her Facebook following.

The 5th U.S. Circuit Court of Appeals in New Orleans ruled 10-5 last year that the officers and prosecutors were entitled to qualified immunity. The court also stated that law enforcement was not required to predict whether the Texas law in question was constitutional before making an arrest.

Judge Edith Jones wrote for the court. "It was inappropriate to 'portray her as a martyr for the sake of journalism." She added that Villarreal had skirted the Texas law. "to capitalize on others' tragedies to propel her reputation and career."

Villarreal's lawyers at the Foundation for Individual Rights and Expression had urged the Supreme Court to hear the case. They argued that the 5th Circuit's ruling had "doubled down on granting officials free rein to turn routine news reporting into a felony."

Her appeal received support from the Reporters Committee for Freedom of the Press. Major media organizations, including ABC, The New York Times, and The Washington Post, had also encouraged the Supreme Court to take up Villarreal's appeal.