First Amendment

Appeals court throws out Texas flag desecration law, saying it violates free speech

FOIFT2015-10-07T15:56:31-05:00

By Chuck Lindell Austin American-Statesman Originally published Oct. 7, 2015 A Texas law banning desecration of the flag is unconstitutional, the state’s highest criminal court ruled Wednesday. In a 6-3 ruling, the Court of Criminal Appeals tossed out the law, saying it was too broadly written and criminalized an act that is protected by the First Amendment’s right to free speech. Apparently rarely used, the 26-year-old law threatens one year in jail and a $4,000 fine for those who intentionally damage, deface, mutilate or burn the U.S. or Texas flags. Similar laws have been struck down by the U.S. Supreme Court [...]

Appeals court throws out Texas flag desecration law, saying it violates free speechFOIFT2015-10-07T15:56:31-05:00

FOI Foundation: Denton ordinance likely illegal

FOIFT2015-09-01T13:17:06-05:00

By Peggy Heinkel-Wolfe Denton Record-Chronicle Originally published Aug. 31, 2015 A 10-year-old city of Denton ordinance that could make criminals of City Council members who talk about City Hall secrets is probably illegal, according to the Texas Freedom of Information Foundation, which has called for the ordinance’s repeal. Houston attorney Joseph Larsen wrote the City Council a two-page letter last week on behalf of the foundation, a statewide nonprofit that advocates for open government. In the letter, Larsen detailed how the ordinance compromises the First Amendment free-speech rights of council members, the public and the press. The ordinance also usurps and [...]

FOI Foundation: Denton ordinance likely illegalFOIFT2015-09-01T13:17:06-05:00

Accident witness: Officer threatened to take cell phone for taking photos

FOIFT2014-10-10T13:45:46-05:00

By Deborah McKeon Temple Daily Telegram Originally published Oct. 9, 2014 A Temple resident who witnessed an accident in which two men died on Thursday night said a Temple Police officer threatened to take his cellphone away because he was taking photographs and video. Sean Ramirez said the officer threatened to take his cellphone away if he didn’t stop taking pictures, so Ramirez said he stopped and started recording instead. The same officer started yelling at him again to turn off his phone before it was taken from him, so Ramirez went across the street to take the final photo, he [...]

Accident witness: Officer threatened to take cell phone for taking photosFOIFT2014-10-10T13:45:46-05:00

Texas court tosses out ‘improper photography’ law as a free speech violation

FOIFT2014-09-17T18:16:17-05:00

By Chuck Lindell Austin American-Statesman Originally published Sept. 17, 2014 The state’s highest criminal court on Wednesday tossed out a state law banning “improper photography” — photos or videos taken in a public place without consent and with the purpose of sexual gratification — as a violation of free-speech rights. In an 8-1 ruling, the Texas Court of Criminal Appeals said photos, much like paintings and films, are “inherently expressive” and therefore protected by the First Amendment. “Protecting someone who appears in public from being the object of sexual thoughts seems to be the sort of paternalistic interest in regulating the defendant’s [...]

Texas court tosses out ‘improper photography’ law as a free speech violationFOIFT2014-09-17T18:16:17-05:00

First Amendment rights, open government essential to democracy

FOIFT2022-03-31T17:08:45-05:00

By Kelley Shannon Executive Director Freedom of Information Foundation of Texas Sept. 4, 2014 Defending the U.S. Constitution is popular these days, when it centers on gun rights, states’ rights or search and seizure protections. As we guard the principles of our nation’s founders, let’s not overlook the all-important First Amendment of the Constitution and its guarantee of free speech and free press, which, along with public access to government information, are crucial to our democracy. The non-profit Freedom of Information Foundation of Texas has been fighting for these First Amendment liberties and the doctrine of open government since the foundation [...]

First Amendment rights, open government essential to democracyFOIFT2022-03-31T17:08:45-05:00

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