Three states affected by the U.S. Court of Appeals for the Fifth District recent ruling in Villarreal v. City of Laredo, which online news bloggers on social media can be arrested and criminally charged for publishing leaked information from law enforcement agencies and government without proper authorization, unless the information is provided as public information and for reporting purposes by such legitimate government sources.
By H. Nelson Goodson
Hispanic News Network U.S.A.
January 25, 2024
New Orleans, Louisiana - On Tuesday, the majority of judges (9-7) in the U.S. Court of Appeals for the Fifth District ruled to throwout a federal lawsuit filed by Priscilla Villarreal Treviño v. City of Laredo (case No. 20-40359) because law enforcement has the justification to arrest online news bloggers that publish leaked information through government and law enforcement backchannels (back door), when the government and a law enforcement agency didn't authorized information for news reporting from a pending and ongoing investigation to be made public. (80 page ruling: https://www.ca5.uscourts.gov/opinions/pub/20/20-40359-CV3.pdf)
Villarreal Treviño, 38, aka, "La Gordiloca" (The Crazy Fat Lady) in 2017 was charged in Webb County Texas with several felony charges for asking a Laredo police officer questions for information. She is known to post online news on her Facebook (FB) Lagordiloca News LaredoTx account.
In 2017, Villarreal Treviño reported the suicide of Julio Guillermo Vila, 59, a U.S. Customs and Border Protection agriculture supervisory program manager who jumped to his death from the flyover at loop 20 and Interstate 35 in Laredo and named him. She also cited a source and a Laredo police officer confirmed the information.
In April 2017, Villarreal Treviño published a story about Vila who committed suicide. The story identified him by name and revealed that he was an agent with the U.S. Customs and Border Patrol. Villarreal Treviño first uncovered this information from talking to a janitor who worked near the scene of the suicide. She then contacted LPD Officer Barbara J. Goodwin, who confirmed the man's identity.
The Texas Observer dot org reported that the majority opinion, authored by Judge Edith Jones, a Reagan appointee, finds that local officials were reasonable when they used an obscure Texas law to arrest Gordiloca and thereby criminalize a wide range of what has been considered basic accountability journalism. The ruling applies in Texas, Louisiana, and Mississippi.
Villarreal Treviño told the Texas Observer that she plans to file an appeal with the U.S. Supreme Court.
The recent ruling by the U.S. Court of Appeals for the Fifth District opens the door for law enforcement agencies to arrest and criminally charge news bloggers for publishing information (documents) that are leaked through backdoor channels (anonymous sources) of the government.
The Court of Appeals said, that "Villarreal (Treviño) and others portray her as a martyr for the sake of journalism. That is inappropriate. She could have followed Texas law, or challenged that law in court, before reporting nonpublic information from the backchannel source. By skirting Texas law, Villarreal revealed information that could have severely emotionally harmed the families of decedents and interfered with ongoing investigations. Mainstream, legitimate media outlets routinely withhold the identity of accident victims or those who committed suicide until public officials or family members release that information publicly. Villarreal sought to capitalize on others' tragedies to propel her reputation and career."
Hispanic News Network U.S.A. (HNNUSA)
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