Cases
Nephtalí De León v. City of San Antonio and Krystal Jones
CASE SUMMARY
NCLA challenges the City of San Antonio for unlawfully firing accomplished Chicano writer, artist, and activist Nephtalí De León as the City’s poet laureate in violation of his protected free speech. The City unjustly terminated Mr. De León from the paid position of city poet laureate and then defamed him for his supposed use of a “racial slur” in an elegy he had written in honor of a renowned Chicano writer-activist Dr. Roberto ‘Cintli’ Rodriguez, who spent his life fighting racial injustice. The City’s unlawful and unwarranted actions have harmed his professional reputation and denigrated his life’s work.
Mr. De León did not use the Chicano Caló term at issue as a slur. By firing Mr. De León without notice or any opportunity to explain himself or the meaning of his poem, the City violated its contract with him and engaged in quintessential viewpoint discrimination and First Amendment retaliation against Mr. De León. Within 24 hours of his termination, the City issued defamatory statements to numerous news and media outlets concerning Mr. De León and his purported use of a “racial slur.” The City must retract and disavow its press statement defaming Mr. De León, and pay him the remainder owed under his contract, along with damages for the harm to his reputation and professional opportunities he has lost.
