Tony Mauro writes in the National Law Journal about an interesting battle between the state attorney general of Texas and a group of local government officials over the state's sunshine and open meeting laws. (High court privacy ruling finds way into Texas sunshine case)
It seems the local officials claim that the law requiring all business discussions be on the record violates their First Amendment rights of free speech.
Houston lawyer Dick DeGuerin of DeGuerin & Dickson, who represents the local officials, argued in a cross-motion for a summary judgment that his clients are "threatened with criminal prosecution … if they exercise their First Amendment rights by communicating business with each other outside of a noticed public meeting." The law, he said "seeks to muzzle all elected and appointed public officials.'
Texas Solicitor General James Ho basically said, "Balderdash."