ARLINGTON, Va.—Tomorrow, Justin Pulliam, an independent journalist in Texas, will go to trial to hold Fort Bend County and its sheriff’s officers accountable for violating his constitutional rights—including his First Amendment rights to film police and speak without being arrested for what he says. Justin seeks both court orders to make sure that his rights—and the rights of other citizens—are protected. Justin is represented by the Institute for Justice (IJ).

This case concerns two incidents in which Justin’s constitutional rights were violated by Fort Bend County and its officers—violations driven by a county policy of hostility to his journalism. One incident involved exclusion from a press conference in July 2021 by Fort Bend County Sheriff Fagan himself. The other, the primary focus of this trial, involves Pulliam’s exclusion from the scene of a welfare check in December 2021—and his unconstitutional arrest for the simple act of questioning the officer’s unjustified demand that he leave. The officer arresting Justin, Taylor Rollins, sent Justin to jail for interfering with the police. Fort Bend County then prosecuted Justin for a misdemeanor charge, treating Justin more like public enemy number one versus the independent journalist he was. The resulting criminal trial ended with a hung jury; five jurors voted to acquit Justin, and only a single juror insisted on a conviction.

This bench trial before Judge Hanks, United States District Judge of the Southern District of Texas, is expected to last at least two days and will focus on Justin’s claims related to the arrest. The trial will include testimony from Justin himself and several sheriff’s officers, including Sheriff Fagan and Lieutenant Rollins.

“The U.S. Supreme Court has made clear that the police cannot arrest people for exercising their right to free speech,” said IJ Senior Attorney Jeff Rowes. “With that as precedent, we now press forward to determine whether Fort Bend County Sheriff’s Department Lieutenant Taylor Rollins arrested Justin for his free speech.”

Trial on Justin’s constitutional claims comes after the judge in this case already ruled that Sheriff Fagan violated Justin’s rights by excluding him from the press conference. The court ruled that the sheriff is not protected by qualified immunity, a doctrine the Supreme Court developed to shield officials from accountability for their constitutional violations. Not only is Sheriff Fagan liable, but the court also determined that Fort Bend County is liable because the sheriff’s actions were the official policy of the county.

“The goal of this trial is principle, not money. In America, a journalist isn’t supposed to get arrested for questioning a police officer. We intend to create even more good precedent to protect the free speech rights of independent journalists,” said Justin

The Institute for Justice is a public interest law firm that litigates nationwide to vindicate individual liberties. IJ is fighting to hold government authorities accountable in cases across the country. IJ won a case before the United States Supreme Court representing a Texas city council member arrested by police for her outspoken opposition to the mayor and city manager and in Ohio, IJ is suing East Cleveland police and government officials on behalf of a man arrested for his campaign advocacy.

#  #  #

To arrange interviews on this subject, journalists may contact IJ’s Communications Project Manager, Phillip Suderman, at [email protected] or (850) 376-4110. More information on the case is available at: https://ij.org/case/fort-bend-retaliation/.