The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

About The Volokh Conspiracy Editorial Independence Who we are Books Volokh Daily Email Archives Search DMCA RSS

Free Speech

Independent Journalist's Lawsuit Against West Texas County Can Go Forward, Recommends Magistrate Judge

The case is mostly about photography restrictions and false arrest, but the plaintiffs also allegedly "discussed playing Disney music during public meetings to prevent Flash—through copyright restrictions—from monetizing his recordings."

Eugene Volokh | 6.22.2026 8:34 AM

From Wednesday's report and recommendation by Magistrate Judge David Fannin (W.D. Tex.) in Flash v. Jeff Davis County, a summary of the allegations in plaintiff's Complaint (recall that, at this point. these are just allegations):

David Flash … is an independent journalist who covers regional events and public affairs in West Texas. In September 2023, Flash's news outlet, the Big Bend Times, published investigative news stories centered around the conduct of multiple County officials. The stories accused the officials of misusing county resources and questionable law enforcement practices.

Flash faced backlash after the stories were published. Defendant Lisa Dennison, an employee for the County Attorney's Office, confronted him and told him he was under investigation. A few months later, an anonymous poster released Flash's mugshots—which were private under a Texas Government Code Chapter 411 non-disclosure order—and characterized him as "not a trusted media source." He later discovered Dennison had been the one who had obtained his mugshots.

Defendant Glen Eisen, Dennison's supervisor, was apparently aware that Dennison had misappropriated Flash's mugshots but did not take disciplinary action. As Flash was beginning to face backlash in Fall 2023, Defendant King Merritt filed a police report detailing an incident with Flash at the County Attorney's Office between Eisen and Flash. Eisen had asked Merritt to arrest Flash for "causing problems at the Jeff Davis County Attorney's Office." Merritt attempted to detain Flash, but Flash left before he could do so and no further action was taken.

On October 20, 2023, Flash returned to the County Courthouse. Defendant Mary Ann Luedecke, a justice of the peace for the County, attempted to detain him after he photographed a sign outside her office. Two days later, Luedecke sent out an alert to regional law enforcement agencies that labeled Flash as a "First Amendment auditor." Luedecke and Eisen also called the District Attorney's Office to warn them that a "First Amendment auditor" was "on the loose."

Although no charges had been filed against Flash by this point, Luedecke issued a mock-warrant notice to law enforcement against him at his home address. Luedecke claimed this was part of a training exercise for officials practicing with new software. Luedecke also filed a "failure to appear" notice against Flash that resulted in Flash's driver's license renewal being blocked. Flash was the target of seven separate criminal investigations during this time, none of which resulted in criminal charges.

At this point, Flash and Defendants did not have any affinity with each other and Defendants began strategizing........

© Reason.com