Commentary

Paul Chabot v. Frederick Frazier

Paul Chabot v. Frederick Frazier

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.

This case is a critical First Amendment and anti-SLAPP battle over whether public officials can maintain defamation suits by treating multiple statements as a single claim. CAL’s brief argues that each allegedly defamatory statement must be evaluated individually, especially when the “actual malice” standard applies. This gatekeeping protects citizens who speak out about government conduct.

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.
Why This Matters

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.

By taking this case to the Texas Supreme Court, CAL is reinforcing a bedrock principle: the First Amendment is a shield for the people, not a tool for government actors to suppress criticism.
Paul Chabot v. Frederick Frazier