San Antonio Settles Lawsuit with Former Poet Laureate Over Free Speech Violation

NCLA secures justice for Nephtalí De León after he was fired for using Chicano language in an elegy

Apr. 6, 2026 at 7:07pm

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A serene, cinematic painting of an elderly man sitting alone on a park bench, the warm light and deep shadows creating a contemplative, nostalgic mood that evokes the story's themes of artistic expression, cultural identity, and the struggle for civil liberties.The settlement brings a measure of justice for an acclaimed Chicano poet whose use of his community's language in an elegy sparked controversy and a free speech battle with local authorities.San Antonio Today

The New Civil Liberties Alliance (NCLA) has reached a settlement in its lawsuit on behalf of Chicano writer, artist, and activist Nephtalí De León against the City of San Antonio and its Executive Director of Arts and Culture Krystal Jones. The lawsuit alleged that the City fired De León from his position as City Poet Laureate and defamed him for using the Chicano Caló word 'mayates,' referring to Black people, in an elegy posted on Facebook. Under the settlement, the City has paid De León more than the original compensation agreed for his laureate services, and the parties have jointly stated that they never intended to characterize any other party as racist.

Why it matters

This case highlights the ongoing tensions around free speech, cultural expression, and the role of government in regulating public discourse. It also raises questions about the boundaries of acceptable language, particularly when used in artistic or commemorative contexts, and the potential for viewpoint discrimination against marginalized communities.

The details

NCLA's lawsuit argued that by firing De León, the City engaged in viewpoint discrimination and First Amendment retaliation. The elegy honored De León's friend, Chicano writer Dr. Roberto 'Cintli' Rodriguez, who devoted his life to fighting racial injustice. As translated to English by De León, the poem states that Rodriguez 'touched so many Chicanos, Whites and Blacks, he touched everyone between two cultures and two nations.' De León did not use the term 'mayates' as a slur.

  • On April 6, 2026, NCLA announced the settlement in the lawsuit.
  • De León was fired from his position as City Poet Laureate in 2025 for using the Chicano Caló word 'mayates' in an elegy posted on Facebook.

The players

Nephtalí De León

An accomplished Chicano writer, artist, and activist who was fired from his position as City Poet Laureate of San Antonio for using the Chicano Caló word 'mayates' in an elegy.

City of San Antonio

The local government entity that fired De León from his position as City Poet Laureate and was sued by NCLA on his behalf.

Krystal Jones

The Executive Director of the San Antonio Department of Arts and Culture who was involved in the decision to fire De León.

NCLA

The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group that filed the lawsuit on behalf of De León and argued that the City engaged in viewpoint discrimination and First Amendment retaliation.

Dr. Roberto 'Cintli' Rodriguez

A Chicano writer whom De León honored in the elegy that led to his firing, and who had devoted his life to fighting racial injustice.

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What they’re saying

“There is a sad irony in the City's initial condemnation of an elegy written by an 80-year-old Chicano poet in his own language to honor the life of a friend who had dedicated his life to combatting, of all things, racial injustice. This settlement brings a welcome measure of justice for Nephtalí De León and for the decades he has spent advancing—and vibrantly celebrating—Chicano language and culture.”

— Casey Norman, Litigation Counsel, NCLA

“A rose by any other name would smell as sweet … a settlement that a poet is not a racist for using common terms in his language in eulogizing his friend is just as sweet as a court victory.”

— John Vecchione, Senior Litigation Counsel, NCLA

What’s next

The settlement allows De León to close this chapter and continue his lifelong creative journey.

The takeaway

This case highlights the ongoing challenges around balancing free speech, cultural expression, and the role of government in regulating public discourse, particularly when it involves marginalized communities. The settlement represents a victory for protecting the First Amendment rights of artists and writers.