Tom Leatherbury

Texas is appealing to the Fifth Circuit.

But, note, a three-judge panel rejected the substantive arguments in defense of the law already (in an opinion by Judge Don Willett, a Trump appointee) in the preliminary posture last year: storage.courtlistener.com/recap/gov.us...

IV. CONCLUSION The Court agrees with Defendant that Texas has a strong interest in regulating what children can access in schools and preventing inappropriate content from schools. But READER's methods are not the way to further that interest. Plaintiffs are correct that READER is unconstitutional as it compels speech, is void for vagueness, and is an unconstitutional prior restraint. Plaintiffs are therefore entitled to summary judgment and a permanent injunction against certain provisions of READER. Defendant is not entitled to summary judgment, because Plaintiffs' First and Fourteenth Amendment claims are all successful. Therefore, the Court ORDERS that Defendant's Motion for Summary Judgment (ECF No. 89) is DENIED. Plaintiffs' Motion for Summary Judgment (ECF No. 88) is GRANTED-IN- PART. IT IS FURTHER ORDERED that Commissioner of Education Mike Morath and all of his officers, agents, employees, attorneys, and other persons in active concert with him are ENJOINED from applying, enforcing, or attempting to enforce, either criminally or civilly, 88

Case 1:23-cv-00858-ADA Document 110 Filed 10/21/25 Page 24 of 24 35.001, 35.002, 35.0021, and 35.003 of HB 900, the Restricting Explicit and Adult-Designated Educational Resources (READER) Act. IT IS FINALLY ORDERED that Plaintiffs may file a motion for attorney's fees within fourteen (14) days of this order. All other relief not granted herein is DENIED. SIGNED on October 21, 2025. anDOllarpht ALAN D ALBRIGHT UNITED STATES DISTRICT JUDGE

In a "the law moves very slowly" development, the case over Texas's book-ban law — which was initially blocked back in 2023: www.lawdork.com/p/trump-appo... — reached a final judgment against the state on some claims last week: storage.courtlistener.com/recap/gov.us...

SCOTX has pulled off the bandaid and proposed going to a single step Petition process.
Huge changes for your Texas
Appellate nerds.

www.txcourts.gov/media/146145...

The Unconstitutional Conditions Doctrine and the Compact for Excellence Members of the Trump administration love to say that federal funding is a privilege not a right and therefore something that can be granted or withheld based on changing administrative priorities.

The Trump Administration’s “Compact of Excellence” for Universities is... far from excellent! Indeed, it’s unconstitutional. In this post, let me count the ways.

blog.dividedargument.com/p/the-uncons...

Toff wishes everyone a Happy Hump Day!

This was only possible with persistence from reporters @akelalacy.bsky.social and @jonahmv.bsky.social plus a small army of pro bono attorneys — incl. @kendraserra.bsky.social, @sellars.bsky.social, @tsleather.bsky.social's team at SMU First Amendment clinic, and the incredible folks at @rcfp.org.

Texas, banning THC would be unconstitutional. Also Texas, forcing all public school children to look at a Protestant version of the Ten Commandments all day perfectly constitutional. So many First Amendment violations, so little time!

Louisiana’s Ten Commandments Law Is Unconstitutional, Appeals Court Says The court unanimously ruled that the state cannot require schools and universities to display the Commandments.

Wow, Fifth Circuit held Louisiana’s Ten Commandments Law Is Unconstitutional buff.ly/3LZT4CX

This is 100% percent the correct decision, especially since Stone v. Graham is directly on point and held that mandatory 10C in public school classrooms was unconst.

Here is decision: buff.ly/EySiQdz

@nppa.org has joined again w/several of our 1st Amendment & free press allies in a letter to the LAPD & LASD remind them of journalist’s rights. See below.

We remain steadfast in our mission to make sure 1st Amendment rights are upheld across the United States of America. 🇺🇸

South Dakota Law Review is doing a joint symposium with the Native America Law Student Association on issues related to access to justice in Indian Country. Call for papers is open and the event will be in Vermillion on Sept 29.

Please share widely.

Details here: www.usd.edu/Academics/Co...

5th Circuit ruling denies Texas library patrons First Amendment right Seventeen books addressing racism and transgender topics were removed from Llano County libraries in 2021 after residents deemed them “obscene” and “pornographic.”

Woe (again) to residents of the Fifth Circuit. En banc court says public libraries may remove books because they disagree with content. Bye bye books about racism and even In the Night Kitchen. spectrumlocalnews.com/tx/south-tex...

Picked up my copy of Lawless for summer reading. Thank you, @leahlitman.bsky.social

Faulty tests spur questions about DNA findings in criminal cases in Texas and nationally More than 1,000 criminal cases will be reviewed in Texas because of the problems with Qiagen DNA tests.

DNA tests for criminal cases across Texas are getting second looks from labs after one of the largest DNA test makers told customers about issues with tests distributed from February 2024 to October 2024. txst.us/acckgs

Judge Howell's opinion in the Perkins Coie case is here:
storage.courtlistener.com/recap/gov.us...

Entirely predictable that Trump's AG would do this. Not just predictable but predicted. Congress should have codified these protections when it had a chance. knightcolumbia.org/blog/the-jus...

Quote from Reporters Committee President Bruce D. Brown: "Some of the most consequential reporting in U.S. history — from Watergate to warrantless wiretapping after 9/11 — was and continues to be made possible because reporters have been able to protect the identities of confidential sources and uncover and report stories that matter to people across the political spectrum. Strong protections for journalists serve the American public by safeguarding the free flow of information."

The language of the new policy hasn't yet been released. However, @rcfp.org President Bruce D. Brown underscored the importance of the guidelines to journalists, their newsgathering rights, and the American public.

Read his full statement: www.rcfp.org/doj-announce...

New Justice Department policy marks 'historic shift' in press protection “This is a watershed moment,” said Bruce D. Brown, executive director of the Reporters Committee for Freedom of the Press.

The guidelines were updated in 2022 to strengthen protections for the press, prohibiting the Justice Department from using subpoenas against journalists who possess and publish classified information obtained in newsgathering, with narrow exceptions.

A photo of questionable quality of me and Lise at her book talk

It was a pleasure to be the moderator at @liseolsen.bsky.social's talk about her new book, The Scientist and the Serial Killer, at The Wild Detectives in Dallas. If you're a fan of true crime investigative journalism, you'll love it. I'm privileged to call her a colleague and have her edit my work.

Who benefits from Texas’s anti-SLAPP law? An RCFP analysis shows that individual Texans rely on the Texas anti-SLAPP law's protections the most — by a fair margin.

Opponents of Texas's anti-SLAPP law contend that it primarily benefits large media companies, not local news outlets or ordinary Texans. However, a new @rcfp.org analysis suggests this isn't true.

Dallas friends - on Thursday, April 3, at 6:30 pm, the SMU Law School First Amendment Clinic will show “Speaking Freely.” Hillcrest Classroom. All are welcome.

Federal judge orders Colorado district to return banned books to school libraries The order prohibits the school board from removing books “because the district disagrees with the views expressed therein or merely to further their preferred political or religious orthodoxy.”

Good news out of Colorado! A Federal judge orders Colorado district to return banned books to school libraries. Good work! www.denverpost.com/2025/03/19/e...

Toff and I wish you the best Spring Break ever and a Happy St. Patrick’s Day! #smulawschool #smulawclinics

I’m told this is a real letter. It basically says, “We’ll destroy Columbia unless you destroy it first.”

Breaking: Federal judge blocks Trump order against law firm, calling it a "personal vendetta" Judge Beryl Howell issued the temporary restraining order from the bench at the conclusion of a two-hour hearing over Trump's executive order against Perkins Coie.

BREAKING: Federal judge blocks Trump order against law firm, calling it a "personal vendetta."

Judge Beryl Howell issued the temporary restraining order from the bench at the conclusion of a two-hour hearing over Trump's executive order against Perkins Coie.

New, at Law Dork —>

Tough times call for more reporters. And since our devoted readers make it possible we're hiring. See our new job listing here. talkingpointsmemo.com/careers

Law Dork | Chris Geidner | Substack The Supreme Court, law, politics, and more. Click to read Law Dork, by Chris Geidner, a Substack publication with tens of thousands of subscribers.

Subscribe to Law Dork now. I am an independent legal journalist, working to make sense of this moment with accessible, skeptical journalism. www.lawdork.com

Week 4 - 1A Clinic at SMU Law School done & dusted. Students filed Public Information requests for varied government records - UFO sightings, Alcoholic Beverage Act violations, and zoning and land use statistics. Then the ABA Communications Law Meeting in Austin-good friends and great lawyers!

A graphic showing the Texas Observer logo, and the cover of Jessica Pishko’s book The Highest Law in the Land: How the Unchecked Power of Sheriffs Threatens Democracy. The graphic text reads: How the Unchecked Power of Sheriffs Threatens Democracy. What: The Texas Observer in conversation with author Jessica Pishko When: Wednesday, February 5th at 6pm Where: Alienated Majesty Books, 613 West 29th Street, Austin, Texas

Don't Miss Out! Next week, join the Texas Observer in conversation with author @jesspish.bsky.social on Feb 5th. FREE event at Alienated Majesty Books.

We'll discuss Pishko's timely and vital book about extremist sheriffs and their influence in the U.S.

RSVP: www.eventbrite.com/e/how-the-un...

Celebrating the end of the second week of classes with donuts and kolaches. Really productive weeks - two briefs filed, one dismissal obtained, and we’ll be in court on Monday. #smulawclinics #smulawschool