Part of the job description of a journalist is talk to public officials, gather information, and report on it. Unfortunately, that seems to be a crime in Texas. An unconstitutional crime, to be sure, but enough of a crime that the Fifth Circuit said there was qualified immunity for officers who arrested a citizen journalist for asking question of a source within a police department and reporting what she heard. JT Morris of the Foundation for Individual Rights and Expression (FIRE) joins us to discuss this loooooong running case and a pending cert petition at the Supreme Court. It involves the First Amendment, freedom of the press, the Fourth Amendment, arrest warrants, retaliation, and all kinds of Fifth Circuit drama. Then we move to the Eleventh Circuit where our own Anya Bidwell reports on an extremely strict version of qualified immunity that protected a forcible strip search made of a visitor to a prison without any probable cause. There are also concurrences disagreeing with the circuit’s own caselaw, including and one of our favorite staples: a Judge Newsom concurrence asking “what is the law?”
IJ event with the Texas Observer in Austin on September 4!
Villarreal v. Laredo (en banc)
Short Circuit 201 (discussing Villarreal panel opinion w/o dissent)
Recent Episodes
Short Circuit 385 | Pyramid Power

We look into the gray area between a multi-level-marketing venture, like Amway, and a “pyramid scheme.” Appellate attorney Kyle Singhal joins us to discuss a […]
Listen NowShort Circuit 384 | Metering Constitutional Rights

Can the government force you to only exercise a constitutional right once a month? Could it do that with speech? Or practicing religion? How about […]
Listen NowShort Circuit 383 | Rock ‘n’ Roll Yoga

Is speaking to a yoga class speech? The Ninth Circuit recently proclaimed that the answer to that question is actually “yes.” But before you turn […]
Listen NowShort Circuit 382 | Beard Law

Who doesn’t love a nice beard? It seems the firefighters in Atlantic City. One of their employees wants to wear a beard because of his […]
Listen Now