United States Fifth Circuit

In a First Amendment challenge by city council members to a state law prohibiting them from privately communicating about whether to call a meeting, the dismissal of the complaint is reversed, where the law was content-based because its application depended on whether the council members discussed public business.

Appellate Information

• Decided 04/24/2009
• Published 04/24/2009

Judges

• DENNIS, Circuit Judge:, Before WIENER, BARKSDALE, and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Arvel Rodolphus Ponton, III (argued), Law Office of Rod Ponton, Alpine, TX, Dick W. DeGuerin (argued), DeGuerin & Dickson, Houston, TX, for Plaintiffs-Appellants., John Steven Houston (argued), Alpine, TX, for Brown., Sean Jordan (argued), James C. Todd, Asst. Atty. Gen., Austin, TX, for Abbott., Scott N. Houston, Texas Municipal League, Austin, TX, for Texas Municipal League and Texas City Attorneys Ass'n, Amici Curiae., Joseph Robert Larsen, Ogden, Gibson, Broocks & Longoria, Houston, YTX, for Freedom of Information Found. of Texas, Inc., Amicus Curiae.