Dear John,

Yesterday, we scored a win ([link removed] ) for free speech and against qualified immunity—and we’re also headed to trial to further vindicate our client’s rights.

Justin Pulliam is a citizen journalist from Fort Bend County, Texas, on the outskirts of Houston. He tries to bring accountability and transparency to government by recording the actions of police and elected officials in Texas. But the Fort Bend County Sheriff’s Office didn’t take kindly to Justin’s scrutiny.

In 2021, the sheriff kicked Justin out of a press conference, claiming that he wasn’t “media.” A few months later, a deputy arrested Justin as he tried to film a welfare check—even though Justin was far from the active scene and had permission from the property owner to record from her property.

Justin was jailed and even went to trial, but the charges we dropped after only one juror wanted to convict.

The Constitution doesn’t let the government decide who is and isn’t a journalist or place unreasonable restrictions on filming government officials in public. And it prohibits retaliation against those who exercise their right to free speech. So, Justin teamed up with IJ to file a federal lawsuit.

Yesterday, a judge ruled that the sheriff and county are liable for violating Justin’s First Amendment rights by removing him from the press conference and that those rights were so clearly established that qualified immunity will not shield the officials. The ruling also lets a separate claim for false arrest while Justin was recording deputies move to trial.

This case builds on precedent already established by IJ’s Project on Immunity and Accountability, including our recent U.S. Supreme Court win on behalf of Sylvia Gonzalez, who was arrested on bogus charges for criticizing town officials. We look forward to ensuring that Justin receives justice both in the appellate courts when the officials inevitably appeal and at trial.

Thank you so much for your support, which enables us to keep fighting for the rights of citizen journalists like Justin and to ensure that the government cannot silence its critics.

Scott

Scott G. Bullock

President and Chief Counsel

Institute for Justice

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