Austin, Texas - The U. S. District Court ruled in favor of the Free Market Foundation, Kelly Shackelford and others in a landmark ruling declaring unconstitutional the laws severely limiting private speech about the Speaker of the House race. The lawsuit challenged a state law that restricts individuals and organizations from spending money in favor of promoting or opposing a candidate for Texas Speaker of the House. A violation of these laws was punishable by up to one year in jail.
“This is a great victory for the broad coalition of clients we represented who were bonded by their common interest in protecting the freedom of political speech,” said Lawrence VanDyke, lead attorney for the plaintiffs from the firm Gibson, Dunn & Crutcher.
The case began in early 2008 when Free Market Foundation, the ACLU of Texas, and Texas Eagle Forum PAC filed a lawsuit asking the federal court to declare the laws unconstitutional. The groups were granted a preliminary injunction, which temporarily halted the Texas Ethics Commission from enforcing the law. Now, the Court has permanently declared the laws unconstitutional.
“This victory secures the rights of every citizen in Texas to be free to speak their mind about the Speaker of the House race without the fear of being thrown into jail,” said Kelly Shackelford, President of the Free Market Foundation and a plaintiff in this case.
“While the ACLU, the Free Market Foundation and the Texas Eagle Forum disagree on many issues, we are delighted that our united opinion on this unconstitutional law prevailed. It is a victory for the First Amendment and free speech,” said ACLU of Texas Legal Director Lisa Graybill.
The suit was filed in the Austin Division of the Western District of Texas by the Free Market Foundation; ACLU of Texas; Texas Eagle Forum PAC; Shackelford, who lives in Allen, Texas; and David Broiles of Fort Worth, Texas. Broiles is Board Vice President-Legal for the ACLU of Texas, but is a party to this suit as an individual.