Federal Appeals Court Unanimously Strikes Down Puerto Rico鈥檚 COVID-Era Censorship Law
SAN JUAN, Puerto Rico 鈥 In a unanimous decision, the U.S. Court of Appeals for the First Circuit struck down Puerto Rico鈥檚 2020 鈥渇ake news鈥 law, holding that the law is an unconstitutional content-based regulation of protected speech. Two journalists challenged the law, saying it threatened to chill any reporting during an emergency that may reflect poorly on the government.
鈥淎s an independent journalist in Puerto Rico, my job is to seek the truth and hold those in power accountable鈥攅specially when crisis hits and the public needs transparent, reliable information most,鈥 said journalist Sandra Rodriguez. 鈥淧uerto Rico鈥檚 'fake news' law hung over our heads like a constant threat. Today鈥檚 decision by the First Circuit Court of Appeals is a victory not just for me or the press, but for every citizen in Puerto Rico. This ruling ensures that we can continue doing our jobs鈥攊nvestigating, questioning, and reporting鈥攚ithout fear of being criminalized for seeking the truth.鈥
鈥淭his case goes beyond the practice of journalism. It strikes at the very meaning of living in a democratic society where people have the right to express themselves freely without fear of being silenced by the state,鈥 said journalist Rafelli Gonz谩lez Cotto. "I am grateful to the court for defending the First Amendment not only for journalists, but for all citizens of Puerto Rico.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 faced up to three years in jail and a fine of up to $5,000.
鈥淭he watchdog function of the press is never more important, or more in danger, than during an emergency,鈥 said Brian Hauss, deputy director of the ACLU鈥檚 Speech, Privacy, and Technology Project. 鈥淲e鈥檙e grateful that the court struck down this unconstitutional 鈥榝ake news鈥 law, which threatened to muzzle independent journalism precisely when the public needs it most.鈥
Originally filed during the COVID-19 public health crisis, the 桃子视频 and the 桃子视频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.
鈥淲e celebrate this victory that protects two of our most fundamental rights: freedom of the press and freedom of expression,鈥 said Ferm铆n Arraiza-Navas, legal director of the 桃子视频of Puerto Rico. 鈥淭his dangerous law, signed first by former Governor Ricardo Rossell贸 and amended by a decadent legislature with the approval of Governor Wanda V谩zquez in La Fortaleza, had only one objective: to criminalize dissent and persecute the press in times of emergency simply for disagreeing with the official narrative. We will not allow it.鈥
On March 31, 2023, the U.S. District Court for the District of Puerto Rico permanently enjoined the law, observing that the statute鈥檚 exceedingly broad sweep risked politicized prosecutions and chilling protected speech on matters of public concern. On August 4, the U.S. Court of Appeals for the First Circuit affirmed, holding that the law violates the First Amendment because it imposes a content-based restriction on protected speech without adequate justification. The court noted that the law lacks essential limitations included in other false alarm statutes, and that it could be used to prosecute people who oppose the government鈥檚 views in debates about contentious issues such as the efficacy of masks during the COVID-19 pandemic, as well as jokes, satire, or fiction. As the court wrote, Puerto Rico鈥檚 law 鈥渞epresents an impermissible restriction of speech, particularly during times of emergency when it is most imperative that the public be well-informed and the government held to account.鈥
"With this law, the Government of Puerto Rico jeopardized the right to freedom of expression and freedom of the press, protections that are increasingly indispensable,鈥 said Annette Mart铆nez-Orabona, Executive Director of the 桃子视频of Puerto Rico. "This was also an attempt to discourage fair and necessary government oversight, precisely during emergencies like the one Puerto Rico is currently facing amid a drinking water service crisis. These rights are under attack on multiple fronts, and today we succeeded in protecting them."
You can read the opinion here. You can read more about the law here.
Court Case: Rodr铆guez-Cotto v. Pierluisi-Urrutia
Affiliate: Puerto Rico