Case Explained: SANDRA RODRÍGUEZ-COTTO; RAFELLI GONZÁLEZ-COTTO v. JENNIFFER A. GONZÁLEZ-COLÓN, Governor of Puerto Rico, in the official capacity and as representative of the Commonwealth of Puerto Rico; LOURDES L. GÓMEZ TORRES, Secretary of the Department of Justice, in the official capacity; ARTURO GARFFER Secretary of Puerto Rico Department of Public Safety, in the official capacity; JOSEPH GONZÁLEZ FALCÓN, Commissioner of the Puerto Rico Police Bureau,*

Court: United States Court of Appeals for the First Circuit Filed: 2026-08-04 The First Circuit affirmed the district court’s grant of a permanent injunction barring enforcement of Article 5.14(a) of Puerto Rico’s Law 20, which criminalizes the dissemination of false information during a governor-declared state of emergency. The court held that the provision violates the First and Fourteenth Amendments because it constitutes an impermissible content-based restriction on speech that fails to survive strict scrutiny. The court determined that Article 5.14(a) is content-based because it targets speech based on its veracity, requiring officials to examine the truthfulness of statements to enforce the law. The court rejected the government’s argument that knowingly false statements are categorically unprotected, distinguishing the statute from criminal defamation laws and noting that false speech generally merits First Amendment protection unless it falls within a narrow historical exception. Applying strict scrutiny, the court found that while protecting public safety during emergencies is a compelling interest, the statute was not narrowly tailored to achieve that goal. The law lacked meaningful limiting features, such as requiring proof of actual harm or knowledge that harm was likely, and was overinclusive because it could criminalize jokes, satire, or fiction. Furthermore, the government failed to provide evidence that the statute was necessary or that less restrictive alternatives, such as counter-speech, would be ineffective. Consequently, the injunction barring enforcement of the law remains in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.