Ex Parte Tucci

The decisions of five justices in two opinions are based on the fundamentally flawed premise that the Free Expression Clause of the Texas Constitution, Tex. Const, art. I, § 8, is in some relevant way “broader” or more protective of free expression than the First Amendment to the United States Constitution. Because of this alleged greater breadth, a majority of the Court strikes down the trial court’s order.

I disagree that our clause is “broader” than its federal counterpart in any sense that affects this case. In fact, I am not certain that the order of the trial court below violates the…