This is Sylvia Gonzalez. At age 72, she won an upset victory for city council after campaigning to oust the city manager. The mayor didn't like that.
So he had her arrested & jailed.
The Supreme Court is about to hear her case, which has largely gone unnoticed. A thread.
In 2019, Sylvia began her tenure on city council with what she'd promised constituents: a citizen-backed petition calling for the city manager's removal.
So the mayor, Edward Trevino, responded by setting in motion a monthslong *criminal* investigation. But that's not all. /2
Since Sylvia hadn't done anything wrong, the mayor needed help. So he hired...a special detective.
The state then charged her with violating an obscure law that makes it a crime to conceal a government record.
But Sylvia hadn't done that. So how'd they arrest her? Well... /3
...After the meeting, Sylvia put the petition in her binder. The mayor asked if she had it. She gave it to him.
That's how they arrested her.
Uh, the law criminalizes hiding records—which Sylvia wasn't. She literally organized the petition they accused her of "hiding." /4
Then the detective circumvented normal process to ensure Sylvia was jailed.
Instead of going to the DA, he went to a judge—usually reserved for *violent felonies.*
And instead of a summons, he got an arrest warrant—so Sylvia was handcuffed & put in a cell. For her speech. /5
Sylvia sued. The court denied qualified immunity.
And then the appeals court reversed, ruling there wasn't enough evidence she was arrested for her speech.
Which is absurd when you consider she was jailed for ~concealing~ a petition she LITERALLY DRAFTED. 🙄/6
Sylvia isn't the first.
I've written a lot about Priscilla Villarreal, a Texas journalist who was arrested because police didn't like her coverage of them. If *that* isn't a 1A violation, then what is?
They all got qualified immunity anyway. /7
reason.com/2024/01/30/she…
Then there's William Fambrough, an elderly man who campaigned for the "wrong" mayoral candidate.
So law enforcement destroyed his van—which he used to campaign—& hit him w petty prosecutions, in part for making "complaints about the police."
I can't. /8
reason.com/2022/06/13/he-…
So whatever your politics, Sylvia's case is important.
It asks the Supreme Court a big question: In what scenarios should government officials be immune for jailing their critics?
That's not a left or right issue. That's an everyone issue. /9 reason.com/2023/10/16/sup…
The First Amendment is one of the best things about the US. But it's not as secure as many think.
So the Supreme Court must make one thing clear: When corrupt government officials punish people for criticizing them, their victims must have recourse. /end reason.com/2023/10/16/sup…
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