The Texas Open Meetings Act requires that state and local level government meetings - especially meetings where city business might be discussed - be public. Members of the Alpine City Council who were charged with a violation of the law claimed that it violated their free speech rights.
The US 5th Circuit Court of Appeals disagreed. The need for transpereny in government transcends free speech.
From the story:
The U.S. 5th Circuit Court of Appeals affirmed lower court rulings Tuesday that the Texas Open Meetings Act is constitutional in response to a lawsuit filed by city council members from Alpine and other municipalities.
. . . The 5th Circuit court responded to the case Tuesday by affirming a Western Texas District Court's ruling that the act is a “content-neutral time, place, or manner restriction” on speech. The court’s decision states that since the act does not regulate the content of speech, it is not unconstitutional.
William McKamie, one of the attorneys for the plaintiffs, said they will continue to pursue the case.
“Looking at the way the decision is written,” McKamie said, “we think we have a better-than-average chance of having a full-court review, and maybe having the Supreme Court look at it.”
For background:
- Open Meetings Act Made Easy.
- Open Meetings Handbook.
- Government Code: Open Meetings.
- The 5th Circuit Decision.
