Action Update - Issue 58 :: November 3, 2005

T4T Editorial Comments: Even If You Don't Like The Legal References, This Is A Very Important Issue For ALL Texans!

The first amendment sure isn't what it used to be.  Recently, in the Clayton v. Ceverha election code case, a local district judge has chosen a construction of the Texas election code which gives less protection to Texas citizens engaged in core first amendment activity, than the United States Supreme Court's chosen construction of the federal child obscenity act has given to peddlers of child pornography. See: United States v. X-Citement Video, Inc., 513 U.S. 64 (1994).

A Federal district judge has also interpreted the First Amendment to mean that a city library must place books with adult themes in the juvenile section of the library. Sund v. City of Wichita, 121 F.Supp 2d 530 (USDC N.D. 2000). Imagine citizens in that city want to change that library policy by changing the folks at City Hall.  They join together, pool their resources, and get involved.  But they are supporting candidates running against incumbents.  Those incumbents have high name identification. They have the power of patronage and the public purse behind them.  The band challenging City Hall are able to convince some businessmen in the town to support the cause.  Some money is even contributed by corporations and is spent to pay for polls.  Now, according to the rulings of these judges, such actions would have violated the Texas Election Code.  These judges need to reconsider the history of the first amendment.

<continue>

Analysis and Recommendations

Proposed Texas Constitutionals Amendments

You can print the entire list and take it to the polls with you.

AMENDMENT NO. 1 (H.J.R. 54)  - Rail Relocation and Improvement Fund

Creates the Texas rail relocation and improvement fund and authorizes the Texas Transportation Commission to sell bonds to fund relocation and improvement of rail facilities.

ARGUMENTS FOR:  Will improve rail shipping capabilities, ease road traffic congestion and  promote safety; will help Texas meet federal air standards and reduce transport of hazardous materials through urban areas. 

ARGUMENTS AGAINST:  The state should not aid the private sector in a non-state regulated industry; TxDOT should focus on its primary state highways duties; debt service on bonds will create added cost for the state.

Young Conservatives of Texas Position:  NO.  YCT opposes using public funds to rehabilitate or otherwise subsidize private business enterprises.

Janelle Shepard:  No.  Government should encourage free market growth in the rail industry by lifting restrictions, not by borrowing millions to modernize it.

Ray Sullivan:  YES. Prop. 1 simply authorizes and creates the Rail Relocation Fund.  There is no funding attached to the Constitutional Amendment.  The Legislature will decide in 2007 or later how to fund the Fund, and the monies could possibly come from the private sector.    Texas now ranks #1 in the number of rail accidents, and congested railways are an impediment to public safety, transportation and job creation. 

<entire list>

RECOMMENDED READING:

SUBSCRIBE:
Send a blank email to subscribe@tx4tx.org with SUBSCRIBE in the subject line or click here and hit send.

UNSUBSCRIBE:
To optout, send a blank email to remove@tx4tx.org with REMOVE in the subject line or click here and hit send. All subscription requests are processed within 2 weeks.

TEXANS FOR TEXAS

Conservative Activists

Promoting

Common Sense

Public Policy

With
Fiscal Responsibility

Sign up at bottom of page

Official Analysis of the Proposed Texas Constitutional Amendments

Vote November 8

Need a gift for your legislator? Do you want him or her to remember who pays the bills?

Perfect for The Office Wall!

The State of Taxes

Tough Texans Talk Back

New Texas Link
Texas Tax Protest

ARTICLE ARCHIVES

RECOMMENDED LINKS

Keep Ricky Carter in Jail!

Thank You!
Parole Has Been Denied.

FIND YOUR LEGISLATOR

Legislative Reference Library

Texas Legislature

Governor Rick Perry

Texas Public Policy Foundation

Americans for Prosperity
Texas Conservative Coalition

Young Conservatives
of Texas
Texans for Lawsuit Reform
FairTax.org

Americans for Tax Reform
Heritage Foundation

National Center for

Policy Analysis

Town Hall
Overlawyered.com

For Our Grandchildren

Education Option
Resource Center
Foundation for
Economic Education

DISCLAIMER:
The Controlling the Assault of Non-Solicited Pornography and Marketing Act requires unsolicited commercial e-mail messages to be labeled and to include opt-out instructions and the sender's physical address. It prohibits the use of deceptive subject lines and false headers in such messages. Texans For Texas, Inc. is a non-commercial organization.