[EL] Link to Rick Perry opinion
Scarberry, Mark
Mark.Scarberry at pepperdine.edu
Fri Jul 24 22:48:07 PDT 2015
I had trouble getting to the opinion using the link in the post. This one seems to work:
http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=e385810b-5d3a-4854-875e-14bd7481f6e9&coa=coa03&DT=Opinion&MediaID=de43bcf9-2702-4739-8b8c-10876522022b
Mark
Mark S. Scarberry
Pepperdine University School of Law
Sent from my iPad
On Jul 24, 2015, at 9:33 PM, "Rick Hasen" <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:
...
“One of Two Charges Against Rick Perry Is Dismissed”<http://electionlawblog.org/?p=74582>
Posted on July 24, 2015 5:38 pm<http://electionlawblog.org/?p=74582> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT<http://www.nytimes.com/politics/first-draft/2015/07/24/one-of-two-charges-against-rick-perry-is-dismissed/?smid=nytcore-iphone-share&smprod=nytcore-iphone>:
Former Gov. Rick Perry of Texas, who is seeking the Republican nomination for president, received some good news regarding his legal problems on Friday when an appeals court in his state dropped one of the two felony charges he is facing.
Mr. Perry was indicted last summer<http://www.nytimes.com/2014/08/16/us/gov-rick-perry-of-texas-is-indicted-over-veto-of-funds-for-das-office.html> on criminal charges of abuse of power and coercion of a public servant. The case surrounds an episode during which Mr. Perry was accused of trying to use his powers as governor to make an elected official step down after being charged with drunken driving.
The case has been a nuisance for Mr. Perry as he looks to gain traction in a crowded field of Republicans seeking the party’s presidential nomination.
On Friday, the Austin court dismissed the coercion of a public servant charge against Mr. Perry on the grounds that violates his right to free speech under the First Amendment.
“Because the First Amendment bars enforcement of the statute on which the “coercion of a public servant” charge is based, that charge must be dismissed,” Judge Bert Richardson wrote in an opinion<http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=e385810b-5d3a-4854-875e-14bd7481f6e9&coa=coa03&DT=Opinion&MediaID=de43bcf9-2702-4739-8b8c-10876522022b>.
...
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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