Citizen Journalist Barred From Press Conference Can Sue Texas Sheriff for Violating His Rights, Judge Rules
A citizen journalist who was excluded from a press conference because the police deemed him not “media” had his constitutional rights violated and can sue, a judge ruled this month. The decision serves as a reminder that a job in legacy media does not entitle you to a stronger set of free speech protections.
Justin Pulliam—whose YouTube channel Corruption Report does not shy away from criticizing law enforcement—was removed from a Texas press conference in July 2021 at the behest of Fort Bend County Sheriff Eric Fagan, who told a deputy to keep Pulliam away under threat of arrest. That violated the First Amendment, concluded U.S. Magistrate Judge Andrew M. Edison, in such a clear way that Fagan should not receive qualified immunity, the legal doctrine that dooms federal lawsuits against state and local government employees if the way those public servants allegedly violated the law was not “clearly established” at the time of the violation.
That Fagan’s conduct was unconstitutional should have been obvious to him, said Edison. “At the outset, I must address the threshold issue of whether the activities undertaken by Pulliam—a citizen who posts opinion-laden news coverage of law enforcement on social media channels—are protected by the First Amendment,” he wrote in an opinion published by the U.S. District Court for the Southern District of Texas. “The answer is, unequivocally, yes.”
As one of the most powerful government agents in his community, Fagan should have, in theory, known this. But the notion that citizen journalists—independent reporters not employed by an outlet—are less legitimate and thus entitled to a watered-down version of the First Amendment is neither new nor limited to people’s perception of Pulliam.
It is one of the most
Article from Latest
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.