CAL Files Amicus Brief in Texas Supreme Court to Protect Citizen Criticism of Public Officials
The Center for American Liberty (CAL) today filed an amicus brief in the Texas Supreme Court in support of Paul Chabot, a citizen critic, in a public-official defamation case.
Core Arguments
- No “defamation in gross”: Collapsing multiple statements into one claim undermines the constitutional requirement that actual malice is statement-specific and time-specific, risking the chilling of criticism against public officials.
- Protect the TCPA’s screening function: Texas’s anti-SLAPP statute is designed to stop meritless lawsuits early. Allowing overpleaded claims to survive discovery converts a constitutional safeguard into a litigation tactic.
- Prevent weaponized cease-and-desist letters: Officials cannot manufacture actual malice by sending vague legal threats. Malice must be assessed at the time of publication, not after threats or complaints.
This case hits at the heart of CAL’s mission: defending free speech and civil liberties against government overreach. Public officials should not be able to use the courts to intimidate critics, activists, or small media outlets. Anti-SLAPP statutes exist to prevent this type of “process as punishment,” ensuring the First Amendment’s promise of robust debate remains intact.