The Fifth Circuit Court of Appeals has blocked new electioneering rules in Palo Pinto County, Texas, finding that the regulations likely violate the First Amendment. The ruling came Thursday after the court reversed a lower court’s decision that had rejected a preliminary injunction motion from local conservative groups.
5th Circuit Texas Electioneering Suit : Court’s Reasoning and Ruling
In an unpublished opinion, a three-judge panel concluded that the county’s regulations, which were adopted in April, impose excessive restrictions on speech and are too vague to meet constitutional standards. The rules in question limit signage near county-owned voting locations and include other provisions related to electioneering.
“The Regulations … restrict a substantial amount of speech beyond the 100-foot zone,” the panel wrote, referring to Texas’ existing restriction on political signs within a 100-foot buffer zone of polling places. The judges criticized the county for not providing clear guidelines on what constitutes prohibited “political” activity, leaving too much room for arbitrary enforcement.
