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Federal judge strikes down speaker’s race law

AUSTIN—A federal judge has tossed out a state law that bans advocacy groups from spending money to campaign and lobby for selection of the speaker of the Texas House of Representatives.

U.S. District Judge Sam Sparks sided with the American Civil Liberties Union Foundation of Texas, the Free Market Foundation and the Texas Eagle Forum political action committee—an unlikely alliance of groups that came together as plaintiffs in the lawsuit.

Earlier this year, another federal judge suspended the law, saying it could be considered a violation of free speech.

In an order signed Thursday, Sparks said parts of the law are unconstitutional.

He wrote that two sections of the 1973 law “are not narrowly tailored and therefore significantly chill core political speech protected by the First Amendment.”

The plaintiff organizations hailed the judge’s decision.

“This is a great victory for the broad coalition of clients we represented who were bonded by their common interest in protecting the freedom of political speech,” said Lawrence VanDyke, lead attorney for the plaintiffs from the firm Gibson, Dunn & Crutcher.

A lawyer for the state who defended the law in court had argued the statute applies only to the period between the November general election and the first day of the next legislative session in January.

The Texas Attorney General’s Office did not immediately comment on the ruling Monday.

The Texas speaker’s race is crucial in several House races this year, following failed attempts to oust Republican Speaker Tom Craddick in the 2007 legislative session.

The speaker is chosen by House members when the Legislature convenes every two years.

The so-called “speaker’s statute” banned advocacy groups from spending “anything of value” to influence the election of the speaker. The penalty for a violation was up to one year in jail and a $4,000 fine.



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