Rodriguez-Cotto v. Gonzalez-Colon

Summary

The First Circuit affirmed a district court's permanent injunction barring enforcement of Article 5.14(a) of Puerto Rico's Law 20, which criminalizes disseminating false warnings or alarms about an imminent catastrophe during a governor-declared emergency. The court held the statute is a content-based regulation of speech because liability turns on the falsity of the speaker's message, and it rejected the Government's argument that Garrison and Frese place knowingly or recklessly false statements outside First Amendment protection. Applying strict scrutiny, the court concluded the statute is not narrowly tailored, lacks a demonstrated causal link to public-safety harms, and is not necessary because counterspeech could suffice. No separate opinions were filed.