Skip to main content

First Amendment

Summaries

KP-0042
Ken Paxton

Establishment Clause - A court is likely to conclude that a law-enforcement department's display of "In God We Trust" on its patrol vehicles is permissible under the Establishment Clause

KP-0116
Ken Paxton

Holiday lighting and decorations, expenditure under Texas Constitution article III, section 52(a)|Literacy programs, county expenditure under Texas Constitution article III, section 52(a)|Establishment clause, county expenditure on holiday lights and decorations|Holiday lighting and decorations, authority to expend funds for|Literacy programs, authority to expend funds for

GA-0068
Greg Abbott

Conflicts of interest of city council members, home-rule city may regulate consistent with Local Government Code chapter 171|Political speech of elected city council members, home-rule city may restrict only for a compelling governmental interest|Conflicts of interest, home-rule city may adopt ordinance regulating that is not inconsistent with Local Government Code chapter 171|Conflicts of interest of city council members, home-rule city may regulate consistently with Local Government Code chapter 171

GA-0252
Greg Abbott

Junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campus|Lease, junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campus|Real property lease, junior college district's authority to enter into long-term lease of campus land with religious organization that would construct student center, chapel, and other facilities|Religion, junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campus|Establishment Clause, junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campus|Real property lease as a thing of value, junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campus

GA-0526
Greg Abbott

Residence restrictions on sex offenders, whether a home-rule municipality constitutionally may adopt|Sex offenders, state law does not preempt a home-rule municipality's authority to adopt residence restrictions on|Residence restriction on sex offenders, a general-law municipality has no authority to adopt|Residence restrictions on sex offenders, state law does not preempt a home-rule municipality's authority to adopt

GA-0609
Greg Abbott

Schoolchildren's Religious Liberties Act, continued existence of federal permanent injunction issued against Houston Independent School District precludes determination of whether certain terms of injunction prevail over provisions of

GA-1020
Greg Abbott

Whether Texas Advertising Fee Statute is preempted by federal Cigarette Label and Advertising Act is a fact-intensive question that cannot be resolved in an attorney general opinion|Texas law provides that preempted provisions of a state statute may be severed to leave the remaining statute effective if remaining statute is capable of being executed in accordance with legislative intent|Whether Texas Advertising Fee Statute is preempted by the federal Cigarette Labeling and Advertising Act is a fact-intensive question that cannot be resolved in an attorney general opinion|Whether unconstitutional provision of state statute is severable is a matter of state law. A provision is severable if the remaining statute is capable of execution independent of that which was stricken|Free speech, whether the Texas Advertising Fee Statute violates free speech protections is a fact-intensive question that cannot be resolved in an attorney general opinion|Whether the Texas Advertising Fee Statute as it applies to cigarettes is preempted by the federal Cigarette Labeling and Advertising Act is a fact-intensive question that cannot be resolved in an attorney general opinion|Whether the federal Cigarette Labeling and Advertising Act preempts the Texas Advertising Fee Statute is a fact-intensive question that cannot be resolved in an attorney general opinion|By providing that a fee shall be remitted, the Texas Advertising Fee Statute imposes a requirement upon purchasers of outdoor cigarette advertising

GA-1095
Greg Abbott

Secretary of State\\'s authority to enforce notary public\\'s duty to provide copies of entries in the notary public record book upon proper request|Notary public\\'s duty to respond to a request for copies of entries in the notary public record book by providing redacted copies|Article IV, section 26 concerning notaries public|State statutory duty to disclose information in light of possible federal constitutional or statutory privilege

DM-0064
Dan Morales

Free speech, whether Department must permit religious groups to distribute literature and solicit contributions on state property|Free speech, transitory use of state-owned real property for expressive activity protected under state and federal constitutions is not an entrustment of state property for purposes of appropriations act prohibition|Free speech, whether Department of Public Safety must permit religious groups to distribute literature and solicit contributions on state property

DM-0325
Dan Morales

School districts, right to equal protection|School districts, right to free speech|Registered lobbyists, school district's employment of|Registered lobbyists, school district's use of local funds to employ

DM-0367
Dan Morales

Charitable organizations, statute allowing solicitors for to stand in roadway, whether permissible under Fourteenth Amendment|Charitable organizations, statute allowing solicitors for to stand in roadway, whether permissible under First Amendment|Constitutionality of statute permitting solicitors for charitable organizations, but no others, to stand in roadway

DM-0408
Dan Morales

Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits Lottery Commissioners from|Soliciting political contributions in personal as well as official capacity, statute that prohibits members of Lottery Commission from does not abridge members' free-speech rights|Soliciting political contributions in personal as well as official capacity, statute prohibits members of Lottery Commission from|Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits members of Lottery Commission from|Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits commissioners from|Solicit

DM-0437
Dan Morales

Probation condition that restricts right to free expression or privacy, constitutionality|Probation condition, authority of district court to order convicted sex offender to post warning sign|Probation condition that restricts right to free expression or privacy, validity|Condition of probation, authority of district court to order convicted sex offender to post warning sign

JC-0013
John Cornyn

Joint-credit courses to private school students, United States Constitution does not prohibit public junior college from offering|Private school students, public junior college may not at present offer joint-credit courses to|Joint-credit courses to private school students, Constitution does not prohibit public junior college from offering

JC-0022
John Cornyn

Direct mail solicitation of criminal defendant by attorney, state may not constitutionally prohibit|Penal Code provision prohibiting attorney from sending direct mail solicitation to criminal defendant within thirty days of his arrest contravenes First Amendment

JC-0200
John Cornyn

Religious postsecondary educational institution, state regulation of does not violate right to free exercise of religion|Free exercise of religion, chapter 110 of the Civil Practice and Remedies Code restores compelling interest test for state burdens on|Religious postsecondary educational institution, Board's regulation of pursuant to statute does not violate individual's right to free exercise of religion|Free exercise of religion, state regulation of religious postsecondary educational institution does not violate individual's right to

JC-0243
John Cornyn

Anonymous printed political advertisements, law prohibiting individual from creating and distributing in issue-based election is unconstitutional

JC-0417
John Cornyn

Prepaid funeral benefits, regulation of certain aspects of prepaid funeral benefits may be applied to religious organizations

JC-0458
John Cornyn

Testimonials, court would probably find that blanket ban on testimonials violates First Amendment to United States Constitution|Testimonials, court would probably find that blanket ban on testimonials violates First Amendment to Constitution

JC-0578
John Cornyn

Historic Courthouse Preservation Program, Commission administers|Cathedral, constitutional question raised if public funds were appropriated to restore or preserve|Historic Courthouse Preservation Program, rider attempting to amend general law establishing is invalid under article III, section 35 of Texas Constitution

KP-0272
Ken Paxton

Subsection 1704.304(c) of the Occupations Code prohibits a bail bond surety from soliciting business in a police station, jail, prison, detention facility, or other place of detainment for persons in the custody of law enforcement.  Based on the description provided, a court would likely conclude that a signboard installed inside a jail facility by a third party providing information about available bail bond services does not amount to a solicitation and is therefore not prohibited under subsection 1704.304(c).

The First Amendment does not impose any duty on a public official with control over a detention facility to provide a public forum for third-party contractors to install and maintain an informational signboard in the facility.

KP-0310
Ken Paxton

Public employers must ensure that employee consent to a payroll deduction for membership fees or dues in a union or employee organization is collected in a way that ensures voluntariness, such as requiring direct provision of authorization from an employee to an employer.  A one-time, perpetual consent to a payroll deduction for membership fees or dues is inconsistent with the U.S. Supreme Court’s holding in Janus; however, consent for one year from the time given is likely valid and is sufficiently contemporaneous to be constitutional.