Here's a slightly edited version of my post on the decision below, which the Fifth Circuit affirmed last week without a detailed opinion, on the afternoon of the day the case was argued. (My First Amendment Amicus Brief Clinic students Valentino Gorospe, Katarina Rusinas, and Asim Zaidi and I filed an amicus brief supporting plaintiff, who ultimately prevailed.) Plaintiff is represented by William Most and Hope Phelps of Most & Associates.
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Louisiana's criminal libel law was repealed in 2021, but even before that it had been held unconstitutional as to prosecutions for libels of public officials, and more broadly as to prosecutions for libels on matters of public concern. Judge Jane Triche Milazzo's opinion in Rogers v. Smith (E.D. La.) held that an arrest for allegedly libeling a police officer violated the Fourth Amendment (and also allowed a First Amendment retaliation claim and some other claims to move forward):
