by Jonathan Turley at Res ipsa loquitur — The thing itself speaks
This week, there was a little-noticed order out of the Supreme Court that decided a narrow legal question with much great implications for journalism. The justices tossed a decision of the United States Court of Appeals for the Fifth Circuit that barred a lawsuit by Priscilla Villarreal. Known online as La Gordiloca (loosely translated as “the fat, crazy lady”), Villareal is part of a growing number of new media journalists.
At a time when the public is rejecting legacy or mainstream media, the case is the latest reminder of a rising force of citizen journalists.
Technically, the court instructed the lower courts to review the case in light of the recent decision in Gonzalez v. Trevino. That decision relaxed the standards for citizens suing over retaliatory arrests. Villareal was not just a citizen but a citizen journalist who claimed to be performing the same newsgathering functions as conventional journalists.
Villarreal had alleged that she was arrested for seeking and obtaining nonpublic information from police as a journalist — the identity of a person who had killed himself — and publishing it on Facebook. The Fifth Circuit ruled that the police could claim immunity from the lawsuit she brought, and the justices just set that decision aside.
As I discuss in my book,…
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