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Qualified immunity exists for good reason — officers can't be expected to predict how courts will rule on untested statutes. Villarreal wasn't arrested for asking questions; she solicited nonpublic information from a public official for personal gain, and a neutral magistrate found probable cause. No binding precedent in 2017 made that arrest unconstitutional, so the Fifth Circuit got it right.
Arresting a journalist for asking a cop a question is a First Amendment violation — full stop. Even Trump-appointed judges called it obvious, and 21 major news organizations backed Villarreal because routine newsgathering can't be criminalized. SCOTUS declining to take the case doesn't make the arrest right; it just means qualified immunity still desperately needs reform.