In a notable development for press freedom, the U.S. Supreme Court on October 15, 2024, vacated the judgment of the Fifth Circuit Court of Appeals in the high-profile case of Villarreal v. Alaniz and remanded the case for further consideration. The decision underscores the importance of protecting journalists’ rights to gather news and ask questions of government officials without fear of retaliation.
Jackson Walker partner Paul Watler and associate Maggie Burreson, along with Bruce D. Brown, Katie Townsend, Gabe Rottman, Grayson Clary, and Emily Hockett from the Reporters Committee for Freedom of the Press, served as counsel for the amici curiae, comprising 21 media organizations, in support of petitioner Priscilla Villarreal.
Case Background
The case centers on Villarreal, a citizen journalist who was arrested in Laredo, Texas, for reporting on the death of a U.S. Border Patrol employee based on a law intended to punish bid-rigging. In a 9-7 opinion, the en banc Fifth Circuit affirmed on qualified immunity grounds the dismissal of the journalist’s civil rights action against the City of Laredo and its police department. The Court held that a reasonable law enforcement official might believe they were entitled to jail a reporter for such actions, a ruling that has sparked significant concern among press freedom advocates.
Amici Curiae Brief
Submitted to the U.S. Supreme Court on May 24, 2024, the amici curiae brief was filed on behalf of American Broadcasting Companies, Inc., The Atlantic Monthly Group LLC, Boston Globe Media Partners, LLC, BuzzFeed, The Center for Investigative Reporting (d/b/a Reveal), Dow Jones & Company, Inc., Gannett Co., Inc., Hearst Corporation, NBCUniversal Media, LLC, d/b/a NBC Universal News Group, The New York Times Company, Newsday LLC, Open Vallejo, Pro Publica, Inc., Pulitzer Center on Crisis Reporting, The Seattle Times Company, Sinclair Broadcast Group, Inc., Slate, TEGNA Inc., Texas Tribune, Vox Media, LLC, and The Washington Post.
In the brief, amici asserted that the First Amendment “protects not just the right to speak but also the right ‘to inquire,’ including through ‘routine newspaper reporting techniques.’” This protection is fundamental to the practice of journalism and the public’s right to be informed about government operations.
Supreme Court’s Decision
In its recent decision, the U.S. Supreme Court ordered the appeals court to reconsider the case in light of Gonzalez v. Trevino, 602 U. S. 653 (2024) (per curiam), another case arising from Texas concerning an arrest allegedly made in retaliation for exercise of First Amendment rights.
Regarding the decision, Paul Watler stated, “The case is a critical juncture for press freedoms in our country. The Fifth Circuit’s previous decision opened the door to law enforcement criminalizing routine newsgathering techniques, which are essential for holding government accountable and informing the public. I am proud to have represented the coalition of media organizations in this critical fight to protect press freedom.”
For more information about the case, see articles by Reuters, Texas Observer, Laredo Morning Times, Columbia Journalism Review, Los Angeles Times, Reason Magazine, The Texas Tribune, The New York Times, U.S. Press Freedom Tracker. Additional details can be found on the RCFP website. In addition, The Texas Lawbook published an article by Paul, titled “With Police Actions Recently Targeting Journalists, Will Courts Protect the Rights of the Free Press?” (subscription may be required).
The case is Priscilla Villarreal v. Isidro R. Alaniz, et al., No. 23-1155, in the U.S. Supreme Court.
About Our Team
Paul C. Watler is a board-certified Texas civil trial lawyer widely recognized for First Amendment, media law and “bet-the-company” commercial cases. He has successfully represented numerous newspapers, television stations, media companies, websites and journalists in libel, anti-SLAPP (Texas Citizens Participation Act), public information, invasion of privacy, copyright, news gathering and commercial lawsuits. Paul’s long-standing success representing media outlets has earned him ranking in the prestigious Chambers USA Guide as one of the leading First Amendment Litigation attorneys nationwide since 2023 and as the “Go-To Lawyer” for media litigation in the Lone Star State by Texas Lawyer. Paul has also been listed among The Best Lawyers in America since 1995; he is currently among a select few lawyers recognized in seven categories: Commercial Litigation, Bet-the-Company Litigation, First Amendment Law, Litigation – First Amendment, Litigation-Patent and Advertising Law.
Maggie I. Burreson is a litigation associate who focuses on handling media and entertainment disputes for journalists, news outlets, and other media organizations. She has represented her media clients in numerous defamation, libel, and business disparagement suits. Maggie has helped author numerous amicus briefs in media and First Amendment matters in the Fifth Circuit. She also represents businesses in a variety of nonmedia matters, with a particular emphasis on class actions and appeals.
Meet JW
Jackson Walker’s media law group is one of the most prominent in the country, representing major clients in the television, radio, newspaper, magazine, and publishing sectors. With more than 115 years of experience in media law, the firm handles litigation and transactional matters involving news content, employment, entertainment, intellectual property, advertising, and other related matters. To learn more about the firm’s experience defending First Amendment rights, visit the Trial & Appellate Litigation and Media Law practice pages.
