Should government officials be shielded from lawsuits when their critics are jailed?

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The Supreme Court heard oral arguments in a case that has its roots in small town petty politics but it could have implications for the future of free speech and what’s known as qualified immunity.



AILSA CHANG, HOST:

Before the Supreme Court today, oral arguments in a case that has its roots in petty small-town politics – the case could have implications for the future of free speech and what’s known as qualified immunity. And at the heart of Gonzales v. Trevino is the question, should government officials be shielded from lawsuits when their critics are jailed? David Martin Davies of Texas Public Radio has our story.

DAVID MARTIN DAVIES, BYLINE: Castle Hills is a long way from the white marble of the Supreme Court. It’s a small enclave municipality tucked inside San Antonio. With a population of fewer than 4,000, it’s a quiet community, but things do get rowdy at their city council meetings.

(SOUNDBITE OF ARCHIVED RECORDING)

SYLVIA GONZALEZ: Well, I…

CLYDE MCCORMICK: …Have open…

GONZALEZ: …I have some questions.

MCCORMICK: Excuse me, I’m…

UNIDENTIFIED PERSON #1: Miss Gonzalez.

MCCORMICK: …I’m talking right now. You can wait.

GONZALEZ: Wait a minute. It’s not your turn.

UNIDENTIFIED PERSON #1: Miss Gonzalez, can you let Mr. McCormick finish?

UNIDENTIFIED PERSON #2: She shouldn’t get to interrupt.

GONZALEZ: It’s not his turn.

DAVIES: This was Sylvia Gonzalez’s first meeting after being elected alderwoman in May 2019.

GONZALEZ: The meeting was not in control.

DAVIES: A lot of the disorder was directed at Gonzalez. The then-72-year-old was the first Latina elected to city council. She had started a petition to remove the city manager, alleging he wasn’t doing his job, especially when it came to having the streets paved.

GONZALEZ: It was just a petition. I mean, it’s in our Constitution. We have a right to petition our government.

DAVIES: At the end of the marathon meeting, Gonzalez scooped up the papers in front of her,…

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