Asgeirsson v. Texas Attorney General

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 be enforced.

After a bench trial, the district court held that Section 551.144 is constitutional because it is not vague or overbroad, it…