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Texas Constitution:Article I, Section 8 (view source)
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{{DISPLAYTITLE:Article I, Section 8 of the Texas Constitution (''<small>"Freedom of Speech | {{DISPLAYTITLE:Article I, Section 8 of the Texas Constitution (''<small>"Freedom of Speech"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876: | ||
'''Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. In prosecutions for the publication of papers, investigating the conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the Court, as in other cases.''' | '''Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. In prosecutions for the publication of papers, investigating the conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the Court, as in other cases.''' | ||
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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 | 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 different approach to cases brought under this section. | ||
|recent= | |recent= | ||
* ''Lilith Fund for Reprod. Equity v. Dickson'', 662 S.W.3d 355, [https://scholar.google.com/scholar_case?case=6590065115020791341# | * ''Lilith Fund for Reprod. Equity v. Dickson'', 662 S.W.3d 355, [https://scholar.google.com/scholar_case?case=6590065115020791341#p357 357-58] (Tex. 2023) (footnote omitted) ("We hold that the challenged statements are protected opinion about abortion law made in pursuit of changing that law, placing them at the heart of protected speech under the United States and Texas Constitutions. Such opinions are constitutionally protected even when the speaker applies them to specific advocacy groups . . . . In our state and nation, an advocate is free 'to speak, write or publish his opinions on any subject,' perhaps most especially on controversial subjects like legalized abortion.") | ||
* ''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/063_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/063_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=Article I, Section 8 of the Texas Constitution ("Freedom of Speech | |seo_title=Article I, Section 8 of the Texas Constitution ("Freedom of Speech") | ||
|seo_keywords=Article 1 Section 8, free speech, | |seo_keywords=Article 1 Section 8, free speech, protected speech | ||
|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_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 | ||