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In re Hammond
(Texas Supreme Court)
First Amendment protection for issue advocacy
An unsuccessful candidate for election to the Texas state legislature sued the Texas Association of Business (TAB), alleging it violated state election laws when it distributed material about the candidates to voters prior to the 2002 election. A judge ordered TAB to answer the plaintiff's discovery questions, and TAB appealed. The NAM and 58 other organizations filed an amicus brief 5/19/04 supporting TAB, arguing that a state may not restrict free speech rights protected by the First Amendment except in clearly defined and limited circumstances, and the judge must find that TAB expressly advocated the election or defeat of a particular candidate before ordering discovery. Suits like this one by losing candidates against businesses that engage in issue advocacy threaten to cut off or restrict open debate of issues of public importance.
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