On Wednesday, the US Supreme Court heard oral arguments in Gonzalez v. Trevino. The case involves an appeal from a Texas councilwoman who contends her arrest was a retaliatory response to her criticism of the city government. The case follows a ruling by the US Court of Appeals for the Fifth Circuit, which decided against the councilwoman.
A substantial portion of the oral arguments revolved around the precedent set in Nieves v. Barlett. The Supreme Court decided in this case that the presence of probable cause for arrest generally defeats a claim of retaliatory arrest in violation of First Amendment rights, though there is an exception. This exception applies if the plaintiff can illustrate that others not expressing the same protected speech for a similar offense have not been arrested in the past. The court presented this exemption with a hypothetical situation in which a person might be arrested for jaywalking, a crime that does not typically lead to arrests.
During the arguments, attorney Anya A. Bidwell represented the councilwoman and engaged in a discussion with the justices regarding the scope of the probable cause exception established in Nieves. Justice Clarence Thomas highlighted that an arrest warrant had been issued for the councilwoman, contrasting the circumstances with those in Nieves. However, Justice Sonia Sotomayor countered by noting some arrest warrants can be based on “material falsehoods”.
In contrast, attorney Lisa S. Blatt, representing city officials, argued that expanding the probable cause exception might result in a surge of excessive litigation. Sotomayor emphasized the difference between the charge in this case and the court’s hypothetical jaywalking scenario from Nieves.
Sylvia Gonzalez, a Castle Hills, Texas councilwoman, accidentally took a petition following a council meeting in 2019; a petition which called out the city manager and which she had initiated. She was later charged with violating a law that prohibits impairing or removing government records and was arrested. However, the city prosecutor ultimately dropped these charges. Gonzalez subsequently filed a lawsuit against several city officials, arguing that her arrest was part of a deliberate retaliatory scheme by the city government.
Further information on this ongoing legal case can be found in the original article on JURIST – News.