Texas

Government business on private email must be public, Reporters Committee argues

Press Release | May 1, 2013
May 1, 2013

Government officials should not be allowed to conceal their public activities by utilizing private email and texting accounts, the Reporters Committee for Freedom of the Press argued in a letter brief joined by national and state media organizations and filed in the Third Court of Appeals of Texas.

Adkisson v. Abbott, No. 03-12-00535-CV

April 30, 2013

A San Antonio Express-News reporter requested access to a county commissioner's personal emails that concerned government business. The county, unsure of whether to fulfill the request, sought an opinion from the Texas Attorney General. The Attorney General wrote an opinion finding that private emails concerning public business were subject to the Texas Public Information Act. The commissioner then filed a suit against the AG seeking a declaration that the emails at issue were not subject to the PIA.

U.S. Supreme Court declines to hear challenge to Texas Open Meetings Act, sealed records challenge

Lilly Chapa | Freedom of Information | News | March 26, 2013
News
March 26, 2013

The U.S. Supreme Court declined to hear arguments about the constitutionality of the criminal sanction provisions of the Texas Open Meetings Act, ending the long-running legal battle over a statute that prohibits government officials from talking about public business in private.

The Court also declined to hear a case involving a First Amendment defense to a penalty for disclosing sealed records.

Defamation suit against Texas man dismissed under state anti-SLAPP law

Lilly Chapa | Libel | News | February 12, 2013
News
February 12, 2013

A vocal Jacinto City, Texas citizen cannot be sued for defamation after repeatedly accusing a police officer of corruption and calling for his firing during city council meetings, a judge ruled Monday, relying on a state anti-SLAPP statute.

Harris County District Judge Elaine Palmer threw out the defamation suit three days after a hearing explored whether Jacinto City Police Sgt. Dennis Walker could sue resident Larry Schion.

Jennings v. Wallbuilder Presentations Inc.

February 12, 2013

David Barton, president of Wallbuilder Presentations Inc., sued Petitioners Judy Jennings and Rebecca Bell-Metereau for defamation in connection with a video the pair — who ran for the Texas State Board of Education in 2010 — produced about a controversy involving state school curriculum guidelines. Jennings and Bell-Metereau filed a motion to dismiss Barton's case under the Texas Citizens Participation Act.

Texas

Date: 
August 1, 2012

Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it, unless the person is doing so for the purpose of committing a criminal or tortious act. A person also can lawfully record electronic communications that are readily accessible to the general public. Tex. Penal Code Ann. § 16.02 (Vernon 2011).

Texas Supreme Court overturns libel ruling because of judge's bribe

Amanda Simmons | Libel | News | June 27, 2012
News
June 27, 2012

The Texas Supreme Court declined to rule on a libel appeal brought against two Texas newspapers by alleged child abusers last Friday because a lower court judge previously accepted a bribe to decide against the publications. The high court also ruled void the trial judge's decision.

Journalist may intervene to challenge gag order in terrorism trial

Amanda Simmons | Prior Restraints | News | June 15, 2012
News
June 15, 2012

A federal appellate court ruled Monday that a Texas journalist had standing to challenge a lower court’s gag order in an alleged terrorist’s criminal trial, but the court still upheld the order barring those involved in the case from communicating with the media.

Texas court finds environmental website publisher not entitled to protection under state shield law

Amanda Simmons | Reporter's Privilege | News | May 31, 2012
News
May 31, 2012

A Texas state judge recently ordered a local website publisher to turn over e-mail messages and other newsgathering materials, finding she did not qualify as a journalist under the state's shield law.