Tag Archives: First Amendment

Whose Right is it Anyway? Unconstitutional Speaker Discrimination in Texas’ Anti-SLAPP Scheme

Freedom of speech and thought lie at the core of liberty.  Though many philosophers, statesmen, and legal practitioners have opined on the value of free speech and thought, Justice Louis Brandies best captured the value of free speech and thought in our constitutional scheme: Those who won our independence believed that the final end of … Continue Reading

Using Texas’ Anti-SLAPP Statute to Combat SSAPP (Strategic Sanctions Against Public Participation)

Texas, like many other states, enacted legislation to curb meritless lawsuits whose purpose lies solely in chilling a person’s right to free speech and/or to petition his or her government.  Under Texas’ Anti-SLAPP (Strategic Litigation Against Public Participation) law, a party may file a motion to dismiss a legal action which is “based on, relates … Continue Reading

First Amendment Speech vs. State Regulation of Health and Safety

The Fifth Circuit Court of Appeals recently issued an opinion addressing First Amendment protections over political speech and First Amendment challenges to the state regulation of psychological services. In Serafine vs. Branaman, the Texas State Board of Examiners of Psychologists ordered Mary Serafine to stop using the title of “psychologist” on her campaign website and … Continue Reading

Texas Open Meetings Act vs. the First Amendment Rights of Elected Officials

This entry comes to us courtesy of Sim Israeloff. Many elected officials in Texas, including most who are elected to city councils and school boards, serve as citizen volunteers without pay.  Newly elected officials are sometimes surprised to find that their actions and speech are now restricted by statutes such as the Texas Open Meetings … Continue Reading
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