In December 2021, sheriff’s deputies in Fort Bend County, Texas, arrested Justin Pulliam for interfering with a police officer. Justin had been filming the officers while they made a mental-health call. He was located 130 feet from the scene, where other bystanders were also watching what was happening. With the help of the Institute for Justice, Justin later sued the sheriff and several deputies. This is a chilling free speech case that could have repercussions far beyond Fort Bend County.
Justin is a “citizen journalist.” He is not a member of the recognized media, but an independent reporter of local government activities. He is often critical of government officials, including the Fort Bend County Sheriff’s Office. After filming deputies for years without problems, things changed when a new sheriff took office in January 2021.
The first incident occurred in July. Sheriff Eric Fagan was holding a press conference in a public park when he demanded that Justin be removed because he wasn’t a part of the local media. The intimidation culminated in Justin’s arrest in December. The arrest was filmed and is available on You Tube.
Political commentary, including criticizing government officials, is central to the protections offered by the First Amendment. Free speech means that one may express ideas without penalty from the government. Being arrested for expressing ideas—any ideas—is censorship.
If it is illegal to criticize government officials in Fort Bend County, would those criticize their city council or the board of education also be subject to arrest? Would I—a resident of Fort Bend County—be a criminal for writing this blog post?
The sheriff’s department claims that Justin was interfering with their activities. But that is just a pretense as the video clearly shows. The department doesn’t like what Justin has to say about him, and so, they seek to shut him up. If they can do that to Justin, they can do it to anyone in the county.