RANGRA v. BROWN

No. 06-51587.

566 F.3d 515 (2009)

Avinash RANGRA; Anna Monclova, Plaintiffs-Appellants, v. Frank D. BROWN, District Attorney; Gregg Abbott, Texas Attorney General, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 24, 2009.


Attorney(s) appearing for the Case

Arvel Rodolphus Ponton, III (argued), Law Office of Ron Ponton, Alpine, TX, Dick W. DeGuerin (argued), DeGuerin & Dickson, Houston, TX, for Plaintiffs-Appellants.

John Steven Houston (argued), Alpine, TX, for Brown.

Sean Jordan (argued), James C. Todd, Asst. Atty. Gen., Austin, TX, for Abbott.

Scott N. Houston, Texas Municipal League, Austin, TX, for Texas Municipal League and Texas City Attorneys Ass'n, Amici Curiae.

Joseph Robert Larsen, Ogden, Gibson, Broocks & Longoria, Houston, YTX, for Freedom of Information Found. of Texas, Inc., Amicus Curiae.

Before WIENER, BARKSDALE, and DENNIS, Circuit Judges.


DENNIS, Circuit Judge:

The pivotal question presented by this appeal is whether speech of elected state and local government officials made pursuant to their official duties, like speech of non-elected public employees, is less protected by the First Amendment than other speech. The district court held that the First Amendment affords absolutely no protection to speech by elected officials made pursuant to their official...

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