Austin News

U.S. Senators John Cornyn and Ted Cruz have submitted an amicus brief to the U.S. Supreme Court, urging it to review Sullivan v. Texas Ethics Commission. This case, currently on appeal from the Supreme Court of Texas, involves petitioner Michael Quinn Sullivan's challenge to Texas' lobbying registration law on First Amendment grounds.

The senators argue that "the American people should be able to engage in protected political speech without government restrictions, unless such limits are constitutionally permissible." They raise the question: "Does the First Amendment permit the government to require ordinary citizens to register and pay a fee to communicate with their government representatives?" According to them, this issue is crucial due to differing interpretations across courts.

Cornyn and Cruz assert that "this case is an apt vehicle for the Court to clarify the level of scrutiny that should apply to lobbying restrictions that impact political speech." They believe this clarification will ensure any restriction on political speech aligns with constitutional standards.

The Texas lobbying law mandates individuals who attempt to influence legislation or administrative actions by directly communicating with legislative or executive members must register and pay a fee. In 2012, Michael Quinn Sullivan was fined by the Texas Ethics Commission for not registering as a lobbyist before emailing legislators. His subsequent legal challenges were unsuccessful at various state court levels, leading him now to seek a hearing from the U.S. Supreme Court.

There is currently a division among circuits regarding how these requirements should be scrutinized. The senators' brief supports revisiting whether Texas' law is unconstitutional in its current form, noting that SCOTUS has not addressed lobbying laws since establishing tiers of scrutiny years ago. The law does not differentiate between concerned citizens and paid lobbyists, while other circuits have upheld similar laws under strict scrutiny analysis.