Is the Texas Open Meetings Act Unconstitutional?
Indeed, the Supreme Court’s decisions demonstrate that the First Amendment’s protection of elected officials’ speech is robust and no less strenuous than that afforded to the speech of citizens in general. Further, the [U.S. Supreme] Court reaffirmed that “[t]he role that elected officials play in our society makes it all the more imperative that they be allowed freely to express themselves on matters of current public importance.” -U.S. Court of Appeals for the 5th Circuit On April 24, 2009, the U.S. Court of Appeals for the Fifth Circuit released its long-awaited opinion in the City of Alpine Open Meetings Act lawsuit (Avinash Rangra, Anna Monclova, and All Other Public Officials in Texas v. Frank D. Brown, 83rd Judicial District Attorney, and the State of Texas). The question presented in the appeal was whether the speech of local government officials made pursuant to their official duties has the same constitutional protections that the First Amendment to the U.S. Constitution gran
