STATE OF TEX. v. KNIGHTS OF KU KLUX KLAN

Civ. A. No. 1:94CV56.

853 F.Supp. 958 (1994)

STATE OF TEXAS and Texas Department of Transportation, By and Through the Texas Transportation Commission v. KNIGHTS OF the KU KLUX KLAN, James R. Hall, Jr., Individually and as a Representative of the Knights of the Ku Klux Klan, Michael D. Lowe, Individually and as a Representative of the Knights of the Ku Klux Klan.

United States District Court, E.D. Texas, Beaumont Division.

April 29, 1994.


Attorney(s) appearing for the Case

Joe K. Crews, Sp. Asst. Atty. Gen., Austin, TX, for plaintiffs.

Anthony P. Griffin, Galveston, TX, for defendants.


SUMMARY JUDGMENT

JOE J. FISHER, District Judge.

The issue presented in this action for declaratory judgment is whether Defendants have a First Amendment right to participate in Texas' Adopt-A-Highway Program. To resolve this issue it must first be determined whether participation in the Adopt-A-Highway program is "speech" protected by the First Amendment. Assuming that such participation is protected "speech," the court must then identify the nature...

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