Dallas attorney files brief in First Amendment case about hip-hop
By Texas Standard KUT-FM Originally published Jan. 5, 2016 What do three Atlanta-based rappers, a professor from the University of Richmond and a 50-year-old lawyer in Dallas have in common? No, this isn't the beginning of a bad joke – these men have all stepped up to protect the speech rights of Taylor Bell, a young man that was suspended from his high school for recording a song that alleged [...]
Texas didn’t violate First Amendment when it denied film grant, court rules
By John Council Texas Lawyer Originally published Dec. 31, 2015 Texas officials did not forbid the producers of a B-grade action movie from filming inside the Lone Star State but "merely opted not to subsidize the film with Texas taxpayer funds," according to Judge Catharina Haynes. In a ruling certain to disappoint those who want to film B-grade action movies in Texas on the cheap, the U.S. Court of Appeals [...]
Denton City Council repeals ordinance after allegation it violated free speech
By Jenna Duncan Denton Record-Chronicle Originally published Dec. 15, 2015 The Denton City Council voted unanimously to repeal a nearly 10-year-old ordinance stating that council members who spoke about closed session items outside of the session could face criminal charges. While the agenda said the council would consider amending the ordinance to remove any criminal penalties, council member Kevin Roden moved to take the ordinance off the books altogether. He [...]
AG: Full juvenile consultant contract can be withheld
By Jessica Priest Victoria Advocate Originally published Dec. 15, 2015 The Victoria Advocate will not receive a copy of District Attorney Stephen Tyler's full contract with a consulting firm he hired to analyze the juvenile detention center. The Texas Attorney General's Office ruled Monday that the contract is excepted from disclosure. The AG's Office ruled that Tyler established the contract was privileged attorney-client communication under Texas Rule of Evidence 503 [...]
Judge dismisses UT regent Hall’s suit seeking access to admissions records
By Matthew Watkins The Texas Tribune Originally published Dec. 15, 2015 A state district judge on Tuesday threw out a lawsuit by University of Texas System Regent Wallace Hall that sought to force the system to turn over records related to an admissions scandal. Soon after, Hall's lawyer declared that his client is appealing, meaning the case is far from over. In a one-page order, Judge Scott Jenkins of Travis [...]
HCC board hired lawyer without vote
By Benjamin Wermund Houston Chronicle Originally published Dec. 14, 2015 As conflict roiled the upper reaches of Houston Community College early last year, the institution's board chairman, Neeta Sane, told her fellow trustees during a closed-door session that they needed to hire an outside lawyer to negotiate a contract for an incoming chancellor. The attorney, Vidal Martinez, would come to do much more and earn a total of $200,463 in [...]
Judge to rule on Wallace Hall’s suit for documents next week
By Bobby Blanchard The Dallas Morning News Originally published Dec. 10, 2015 AUSTIN — The judge presiding over UT Regent Wallace Hall’s lawsuit said in court on Thursday he would issue a ruling next week on whether University of Texas System Regent Wallace Hall has the right to records he requested from the system months ago. Hall wants records underlying an independent report that found several dozen underqualified students were [...]
LCRA fights release of data on new reservoir
By Kiah Collier The Texas Tribune Originally published Dec. 5, 2015 The Lower Colorado River Authority says a $255 million reservoir it is building in southeast Texas won't reduce freshwater flows into Matagorda Bay enough to hurt aquatic life, but the organization is refusing to release the hydrological modeling that led to it that conclusion. The authority — the largest water and power supplier in Central Texas — has told [...]
Protect free speech, open government in Texas by donating today
Today is Giving Tuesday, a special day for giving back to your community by contributing to non-profits that work for the public good. The Freedom of Information Foundation of Texas is one of these organizations. Please consider contributing today to protect First Amendment rights and open government. The FOI Foundation of Texas was formed in 1978 and has worked continuously for the public's right to know. Funding for our 501(c)(3) [...]
Veterinarian loses free speech case involving web consultations
By Edgar Walters The Texas Tribune Originally published Nov. 30, 2015 A Texas veterinarian who offered pet-care advice online lost a battle against state regulators on Monday after the U.S. Supreme Court declined to hear his case. Ron Hines, a retired veterinarian from Brownsville, argued that a state regulation requiring him to physically examine an animal before practicing telemedicine — which involves offering a professional consultation over the phone or [...]
AG: Dallas County booking records can be kept secret
By Terri Langford The Texas Tribune Originally published Nov. 16, 2015 A ruling from the Texas Attorney General's office has just made it more difficult to access information about the kinds of crimes undocumented immigrants have committed in Dallas County — and whether local officials turned those offenders over to federal authorities. In a Nov. 13 ruling, the AG's office determined that because the Dallas County Sheriff's Office booking system [...]
When seeking public records, know your rights, responsibilities
By Kelley Shannon Executive Director Freedom of Information Foundation of Texas If you’ve seen news reports on suspicious state contracts or chemical waste pits or officials’ text messages in the Waco biker shootout, you may notice a recurring theme: Government records obtained through the Texas Public Information Act. Fortunately, our state’s public information law, created in the early 1970s, presumes government records are open unless a specific exemption in the [...]
Depositions expose Austin public information flaws
By Ken Martin The Austin Bulldog Originally published Nov. 9, 2015 “The City of Austin is committed to an open and transparent government. I believe this is an integral part of maintaining a vital and robust democracy.” — City Manager Marc Ott Marc OttOtt published this oft-repeated pledge in an April 8, 2015, memo titled “City of Austin Open Data Initiative 2.0.” Yet, the City has failed to consistently live [...]
State Integrity Investigation gives Texas an F in public information access
The latest State Integrity Investigation conducted by the non-profit Center for Public Integrity gives Texas a D- overall and an F in public access to information. Veteran Texas journalist David Montgomery conducted the study for our state. Read the news story and see the rankings on the CPI or Texas Tribune websites.
Speaker Straus’ interim charges address transparency, access to information
AUSTIN - Texas House Speaker Joe Straus issued interim charges Wednesday for issues lawmakers will study before the 2017 legislative session, and several address government transparency and public information. Legislators will examine the transparency of state purchasing; public information held outside of control of a governmental body; repetitious requests made under the Texas Public Information Act; and dissemination of criminal records containing inaccurate or incomplete information. Among other items related [...]
City commission: State law on body cameras raises privacy questions
By Nicole Chavez Austin American-Statesman Originally published Nov. 3, 2015 As the Austin Police Department continues to prepare the launch of its body-worn camera program, the city’s Public Safety Commission is worried state law may not provide enough guidance on how to protect victims’ privacy. The law, which was discussed during the commission’s meeting Monday, includes several rules addressing the release of any recordings to the public: It says that [...]
Activist, city of Austin settle open records lawsuit
By Andra Lim Austin American-Statesman Originally published Nov. 2, 2015 Civic activist Brian Rodgers will receive $5,000 from the city as part of an agreement to settle the lawsuit he filed in June accusing Austin of violating state open records law. The lawsuit said the city failed to respond fully, or even at all, to records requests Rodgers filed on three controversial topics: the Downtown Austin Alliance’s support for last [...]
UT System board rebukes regent Wallace Hall over recent public comments
By Matthew Watkins The Texas Tribune Originally published Oct. 30, 2015 Frustrated with his recent public comments, the University of Texas System Board of Regents has again rebuked outspoken member Wallace Hall. In a special meeting Friday, the board voted to "express disagreement and disapproval" of recent statements by Hall, saying Hall doesn't speak for the board and that the continued public fighting needs to stop. "I cannot remain silent [...]
AG says DA’s office violated Public Information Act on Twin Peaks request
By Tommy Witherspoon Waco Tribune-Herald Originally published Oct. 24, 2015 The Texas Attorney General’s Office notified McLennan County District Attorney Abel Reyna this month that his office violated the Texas Public Information Act when it failed to provide text messages related to the DA’s response to the May 17 Twin Peaks shootout. A former sheriff’s deputy says Reyna’s office has violated the act at least three times on requests he [...]
Denton council fails to agree on speech ordinance
By Peggy Heinkel-Wolfe Denton Record-Chronicle Originally published Oct. 20, 2015 The Denton City Council kicked a questionable 10-year-old ordinance to its ethics committee Tuesday, after failing to agree to repeal it or even on how to modify it. The ordinance criminalizes speech for council members who talk about city business deemed “confidential.” The Texas Freedom of Information Foundation wrote the city a letter in August saying the ordinance is likely [...]