Open and Shut
Federal District Court Judge Robert Junell has ruled that the Texas Open Meetings Act does not violate free speech rights of elected officials. “It is nonsensical to say a government would attempt to suppress speech by requiring disclosure of that speech at an open meeting,” he wrote in his March 25 ruling. “To the contrary, TOMA is not about censorship but rather about the disclosure of the speech in question.” Former and current members of city councils in a handful of cities – including Pflugerville Council Member Victor Gonzalez – sued the state, arguing that a provision of the law imposing a criminal penalty for violating the act was an unconstitutional violation of their free speech rights. The court disagreed, ruling that the law is focused on protecting citizens’ rights to transparency in government and noting that the law provides ample opportunities for government officials to be heard – including in private conversations (even among officials, so long as they don’t conspire to break the law) and with members of the media. Attorney General Greg Abbott, who defended the act against the lawsuit, said in a statement that the ruling is “a great victory for democracy and the First Amendment. Openness in government is a First Amendment virtue, not a First Amendment violation. This guarantees the public will continue to have access to information about how their government works.”
This article appears in Dome Sweet Dome.