KINNEY v. BARNES

No. 13-0043.

443 S.W.3d 87 (2014)

Robert KINNEY, Petitioner, v. Andrew Harrison BARNES (a/k/a A. Harrison Barnes, A.H. Barnes, Andrew H. Barnes, Harrison Barnes), BCG Attorney Search, Inc., Employment Crossing, Inc. and JD Journal, Inc., Respondents.

Supreme Court of Texas.

Delivered August 29, 2014.


Attorney(s) appearing for the Case

Marc A. Fuller , Vinson & Elkins LLP, Dallas, TX, for Amicus Curiae, Electronic Frontier Foundation.

Brian J. Levy , Attorney-At-Law, Houston, TX, John Sepehri , Austin, TX, for Amicus Curiae, Texas Apartment Association.

Andrew J. Sarne , Kane Russell Coleman & Logan PC, Martin J. Siegel , Law Offices Of Martin J. Siegel, PC, Stewart Edmond Hoffer, Hicks Thomas LLP, Houston, TX, Greggory A. Teeter , Thomas J. Henry Injury Attorneys, Corpus Christi, TX, for Petitioner, Robert Kinney.

Anthony T. Ricciardelli , Attorney at Law, Piano, TX, Dale Lynn Roberts , Eleanor Ruffner , Fritz, Byrne, Head & Harrison, PLLC, Austin, TX, Michael R. Parker , Harrison Barnes PLC, Malibu, CA, for Respondent Andrew Harrison Barnes.


Justice LEHRMANN delivered the opinion of the Court.

A hallmark of the right to free speech under both the U.S. and Texas Constitutions is the maxim that prior restraints are a heavily disfavored infringement of that right. So great is our reticence to condone prior restraints that we refuse to allow even unprotected speech to be banned if restraining such speech would also chill a substantial amount of protected speech. This danger is before the Court today, as we...

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