Open meetings laws survive First Amendment challenge
Open meeting laws are safe for now from an interesting challenge — First Amendment free speech grounds.
The 5th U.S. Circuit Court of Appeals Thursday tossed out as moot a suit challenging Texas’ open meeting law, because both of the Alpine City Council members bringing the case are no longer in office.
According to the Austin American-Statesman, the case involved e-mails between council members discussing a water project.
“The controversy began in 2004 when Alpine City Council Member Katie Elms-Lawrence sent an e-mail to three fellow council members about a pending water project. One of them continued the conversation by replying to the other three,” the newspaper reported. “That was problematic because four council members represent a quorum, enabling the council to conduct business.
“Then-District Attorney Frank Brown launched an investigation that ended with the indictments of Elms-Lawrence and Council Member Avinash Rangra for violating the Open Meetings Act, a misdemeanor punishable by up to six months in jail and a $500 fine.”
The council members argued the law abridged their free speech rights.
The Texas attorney general pressed the case and was joined by attorneys general of more than a dozen states, including Nevada. A number of media companies joined to file an amicus brief in the case, including Stephens Media, the parent company of the Review-Journal.
The amicus brief argues open meetings laws actually extend First Amendment rights, because they ensure citizens can see how and why decisions are made by their representatives.
The Houston lawyer representing the council members is threatening to take the matter to the U.S. Supreme Court.
