Diana ASGEIRSSON, Alpine Council Member; Angie Bermudez, Alpine Council Member; James Fitzgerald, Alpine Council Member; Jim Ginnings, Wichita Falls Council Member; Victor Gonzalez, Pflugerville Council Member; Russell C. Jones, Sugar Land Council Member; Lorne Liechty, Heath Texas Council Member; Mel LeBlanc, Arlington Texas Council Member; A.J. Mathieu, Joshua Texas Council Member; Johanna Nelson, Alpine Texas Council Member; Todd Pearson, Mayor of Rockport Texas; Arthur Reyna, Leon Valley Council Member; Charles Whitecotton, Alderman, Whiteboro Texas; Henry Wilson, Hurst Texas Council Member; Kevin Wilson, Bellmead Texas Council Member, Plaintiffs-Appellants,
v.
Texas Attorney General, Greg ABBOTT; State of Texas, Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
Sean Daniel Jordan , Deputy Sol. Gen. (argued), Bill L. Davis , Asst. Atty. Gen., Office of the Atty. Gen., Office of the Sol. Gen., Austin, TX, for Defendants-Appellees.
Scott N. Houston , Texas Municipal League, Austin, TX, for Amici Curiae Texas Municipal League, The South Dakota Municipal League, The National League of Cities, and The Intern. Municipal Lawyers Ass'n.
Daniel D. Domenico , Sol, Office of the Atty. Gen., Denver, CO, for Amici Curiae State of Colorado, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Hawaii, State of Idaho, State of Illinois, State of Louisiana, State of Michigan, State of Mississippi, State of Nebraska, State of Nevada, State of New Mexico, and State of North Dakota.
Lucy Ann Dalglish , Reporters Committee for Freedom of the Press, Arlington, VA, for Amici Curiae Reporters Committee for Freedom of the Press, ABC, Inc., American Society of News Editors, Associated Press, Association of Capitol Reporters and Editors, Atlantic Media, Inc., Bay Area News Group, Daily News, L.P., E.W. Scripps Co., First Amendment Coalition, Hearst Corp., Lin Television Corp., McClatchy Co., National Press Photographers Ass'n, New York Times Co., Newsweek/Daily Beast Co., L.L.C., North Jersey Media Group, Inc., Radio Television Digital News Ass'n, Reuters America, L.L.C., Seattle Times Company, Society of Professional Journalists, Stephen Media, L.L.C., Time Inc., Tribune Co., USA Today, and Washington Post.
Joseph Robert Larsen , Sedgwick, L.L.P., Houston, TX, for Amicus Curiae Freedom of Information Foundation of Texas.
James C. Ho (argued), Ashley E. Johnson , Gibson, Dunn & Crutcher, L.L.P., Dallas, TX, for Amici Curiae Carlos Amaral, Stephen F. Austin, University Board of Regents, Elizabeth Anderson, Texas Dept. of Housing and Community Affairs (former chair), George Boehme, West University Place City Council, Malachi O. Boyuls, Texas Appraiser Licensing & Certification Board, Jose Cuevas, Texas Alcoholic Beverage Com'n, Nancy DeWitt, Alpine City Council (former member), Maurine Dickey, Dallas County Commissioners Court, Susan Fletcher, Collin County Health Care Foundation Advisory Bd., Melinda Fredricks, Texas Alcoholic Beverage Com'n; Texas Medical Bd. (former member), Vidal Gonzales, Texas Finance Commission (former member), Texas Dept. of Housing & Community Affairs Governing Bd. (former member), Allyson N. Ho, Texas Judicial Council, Joe Jaynes, Collin County Commissioners Court, Ashley E. Johnson, Texas Judicial Council, Bill Jones, Texas A&M University Systems Bd. of Regents (former chairman), Kathleen Krueger, New Braunfels City Council (former member and mayor pro tern.), Brian Loughmiller, McKinney City Council, Randy Mankin, Eldorado City Council (former member and mayor pro tern.), Tim McCallum, Rockwall City Council, Todd Meier, Addison City Council, Joe Meister, Texas Public Finance Authority, John L. Ratcliffe, Heath City Council, Ray Ricchi, McKinney City Council, Wayne Thorburn, State Banking Bd. (former member); Texas Appraiser Licensing & Certification Bd. (former member), Steve Weinberg, Texas Alcoholic Beverage Com'n, Austin-American Statesman, owned by Cox Enterprise, Inc., AH Belo Corp., Belo Corp., Daily Commercial Record, Daily Court Review, Louisiana Press Ass'n, Mississippi Press Ass'n, National Newspaper Ass'n, Texas Ass'n of Broadcasters, and Texas Press Ass'n.
Before SMITH, GARZA and SOUTHWICK, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
JERRY E. SMITH, Circuit Judge:
Plaintiffs, who are local government officials, sued seeking a declaration that a provision of the Texas Open Meetings Act ("TOMA") violates the First Amendment. Specifically, they contend that Texas Government Code § 551.144 is a content-based restriction on political speech, is unconstitutionally vague, and is overbroad. They seek declaratory and injunctive relief, pursuant to 42 U.S.C. § 1983, that Section 551.144 may not...
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