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Texas Constitution:Article I, Section 8: Difference between revisions
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Texas Constitution:Article I, Section 8 (view source)
Revision as of 11:49, July 5, 2023
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As reflected by the decisions referenced below, the shift from Democratic to Republican control of the Texas Supreme Court in the 1990s resulted in a fundamentally different approach to cases brought under this section. | As reflected by the decisions referenced below, the shift from Democratic to Republican control of the Texas Supreme Court in the 1990s resulted in a fundamentally different approach to cases brought under this section. | ||
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* ''Lilith Fund for Reprod. Equity v. Dickson'', 662 S.W.3d 355, [https://scholar.google.com/scholar_case?case=6590065115020791341#p360 360] (Tex. 2023) (" ... ") | |||
* ''Kinney v. Barnes'', 443 S.W.3d 87, [https://scholar.google.com/scholar_case?case=2106112559284451539#p90 90] (Tex. 2014) (footnotes omitted) ("Enshrined in Texas law since 1836, this fundamental right recognizes the 'transcendent importance of such freedom to the search for truth, the maintenance of democratic institutions, and the happiness of individual men.' Tex. Const. art. I, § 8 interp. commentary (West 2007). Commensurate with the respect Texas affords this right is its skepticism toward restraining speech. While abuse of the right to speak subjects a speaker to proper penalties, we have long held that 'pre-speech sanctions' are presumptively unconstitutional.") | * ''Kinney v. Barnes'', 443 S.W.3d 87, [https://scholar.google.com/scholar_case?case=2106112559284451539#p90 90] (Tex. 2014) (footnotes omitted) ("Enshrined in Texas law since 1836, this fundamental right recognizes the 'transcendent importance of such freedom to the search for truth, the maintenance of democratic institutions, and the happiness of individual men.' Tex. Const. art. I, § 8 interp. commentary (West 2007). Commensurate with the respect Texas affords this right is its skepticism toward restraining speech. While abuse of the right to speak subjects a speaker to proper penalties, we have long held that 'pre-speech sanctions' are presumptively unconstitutional.") | ||
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* ''A. H. Belo & Co. v. Wren'', 63 Tex. 686, [https://texaslegalguide.com/images/63_Tex._686.pdf#page=37 722] (1884) ("The publisher of defamatory matter is exempted from responsibility in such cases, because the demands of public policy for the publication outweigh all considerations requiring the protection of private reputation in the particular case. The public are not regarded as having such an interest in proceedings embodying defamatory matter as will outweigh the necessity of protecting the character of individuals, unless they are proceedings of a legislative or judicial character. Cooley's Const. Law, 568; Townshend on Libel, 411; Sanford ''v''. Bennett, 24 N.Y. 20.") | * ''A. H. Belo & Co. v. Wren'', 63 Tex. 686, [https://texaslegalguide.com/images/63_Tex._686.pdf#page=37 722] (1884) ("The publisher of defamatory matter is exempted from responsibility in such cases, because the demands of public policy for the publication outweigh all considerations requiring the protection of private reputation in the particular case. The public are not regarded as having such an interest in proceedings embodying defamatory matter as will outweigh the necessity of protecting the character of individuals, unless they are proceedings of a legislative or judicial character. Cooley's Const. Law, 568; Townshend on Libel, 411; Sanford ''v''. Bennett, 24 N.Y. 20.") | ||
|seo_title= | |seo_title=Article I, Section 8 of the Texas Constitution ("Freedom of Speech and Press; Libel") | ||
|seo_keywords= | |seo_keywords=Article 1 Section 8, free speech, libel | ||
|seo_description= | |seo_description=Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege. | ||
|seo_image_alt=Texas Bill of Rights | |seo_image_alt=Texas Bill of Rights | ||
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[[Category:Texas Bill of Rights]] | [[Category:Texas Bill of Rights]] | ||
[[Category:TxCon ArtI Sec]] | [[Category:TxCon ArtI Sec]] | ||