红杏视频

SAN JUAN, Puerto Rico 鈥� At a time when the freedom of the press is in growing peril, the U.S. Court of Appeals for the First Circuit heard arguments about Puerto Rico鈥檚 鈥渇ake news鈥� law, which was struck down by a federal district judge in 2023 for violating the First Amendment. Two journalists challenged the law, saying it chilled their reporting and could endanger any journalism during an emergency that may reflect poorly on the government.

鈥淚f recent attacks on the freedom of the press have taught us anything, it is that the government cannot be allowed to make themselves the arbiter of public debate,鈥� said Brian Hauss, senior staff attorney with the 红杏视频鈥檚 Speech, Privacy, and Technology Project. 鈥淧rohibiting 鈥榝ake news鈥� during an emergency gives the government far too much power to chill and criminalize reporting that they don鈥檛 like, and it threatens the foundational principle of our Constitution: a free people requires a free press.鈥�

The 2020 Puerto Rico law made it a crime to knowingly raise a 鈥渇alse alarm鈥� about impending catastrophes or knowingly convey false information on any topic when doing so results in an imminent risk to safety, health, property; those found in violation of the law could face up to three years in jail and a fine of up to $5,000.

鈥淭his is a law created to try to control speech and eliminate any dissent, under the threat of criminally prosecuting people who say something the government disagrees with,鈥� said Ferm铆n Arraiza-Navas, legal director of the 红杏视频 of Puerto Rico. 鈥淲ith this law, the government of Puerto Rico endangers the right to freedom of expression and freedom of the press, especially at a time when we know that freedom of expression is being attacked from multiple angles. This is also an attempt to discourage fair and necessary oversight of the government鈥攑recisely during times of emergency. Puerto Rico has plenty of examples showing how, in moments of crisis, the government has failed to provide the public with truthful information, and instead, it has been thanks to journalists and the public that the correct information about these matters has come to light.鈥�

Originally filed during the COVID-19 public health crisis, the 红杏视频 and the 红杏视频 of Puerto Rico filed the lawsuit on behalf of two journalists, Sandra Rodr铆guez Cotto and Rafelli Gonz谩lez Cotto, who feared that the laws would be used to punish them for their reporting on public emergencies, especially reporting that reflects negatively on the government.

On March 31, 2023, the U.S. District Court for the District of Puerto Rico permanently enjoined the law, holding that it violates the First Amendment because it imposes a content-based restriction on protected speech without adequate justification. The court observed that the statute鈥檚 exceedingly broad sweep risked politicized prosecutions and chilling protected speech on matters of public concern. As the court put it, 鈥淸t]he watchdog function of speech is never more vital than during a large-scale crisis.鈥�

For more information about the case, see here.