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SOUTHEAST TEXAS RECORD

Friday, May 3, 2024

Freedom of speech applies to attorneys, too

Their View
Freespeech

From The Lufkin Daily News

“At long last, have you left no sense  of decency?” With that attorney Joseph Welch effectively ended Sen.  Joseph McCarthy’s witch hunt against alleged “communists.” Americans  were able speak more freely, and we assumed “witch hunts” were a thing  of the past.

Lawyers have always been in the forefront, protecting  freedom of speech. The Bill of Rights and much of our United States  Constitution was written by lawyers. In Texas, our 1976 Constitution and  guarantees of free speech were promulgated by attorney and former Gov.  Richard Coke.

Today however, I am dismayed and disgusted as The  State Bar of Texas with the backing of some of our 106,000 lawyers, are  trying to censure and remove State Bar President Larry McDougal for  exercising his free speech. We have had several ‘‘emergency” meetings  and another one is scheduled for Sept. 10.        

In  2015 McDougal opined “Black Lives Matter” was a terrorist organization.  He later authored a legal opinion, where he concluded that BLM T-shirts  at a polling station were illegal. While I disagree, they have nothing  to do with the State Bar. In 2015 he was not even considering a bar  office.

Lawyers, all possessing graduate degrees, are screaming  “racist” at anyone who defends McDougal. In several Facebook  attorney-only discussion groups, anyone who supports him is muted or  removed. What is “racist”? State Bar Director Carra Miller representing  Corpus Christi and Victoria, believes the definition is generational.  Older people believe a statement must have bigoted intent to be racist.  The younger generations are result-oriented and condemn statements with a  racist effect.

Can  someone attack an organization such as Black Lives Matter without being  bigoted against Blacks? Those who actually know McDougal swear he is  not racist. These are difficult issues, and in today’s heighted racial  climate, there is little intelligent discourse, as accusations of  racist, especially if the recipient is white, are guaranteed social  media “likes” and applause. Conservative-free speech attorneys stay  hidden. When asked to speak out, they decline.

The State Bar,  which is prohibited from politics, has been sued in McDonald v Sorrells  and the basis for the suit, is that we are a political organization and  basically take “liberal” or “social activist” positions. Plaintiffs hope  to end the mandatory state bar forcing lawyers to join and pay dues.  While the state bar is not democratic, I doubt McDougal would have been  castigated if he espoused progressive social opinions. I’m a Democrat  and generally liberal on social issues, however the right to free  speech, even for conservative viewpoints, is paramount to a democratic  society. Those who demand McDougal’s censure and removal reluctantly  concede the existence of a First Amendment, but claim there are  “consequences” and demand he must pay.

“Consequences?” Short of  placing McDougal before a firing squad what might they be? There is no  free speech, if by exercising it, he is removed or censured from the  office to which he was elected.

Luckily for McDougal, there is no  provision to remove a State Bar President for his opinions, however the  Bar has discussed it. In addition, recent case law allows McDougal to  sue for damages, if they try to muzzle him. Houston Director Alistair  Dawson made a motion to strip McDougal of his ability to speak for the  bar, however I killed it with a “not so friendly amendment” that Dawson  and any other directors who support it, pay the resultant legal damages.  I would expect demands of censure and removal from an angry street mob,  however an angry street mob of licensed attorneys, should know the  rules and the caselaw.

On Sept. 10, there will be another public  State Bar meeting on the Youtube State Bar of Texas Channel, The public  is invited to comment and watch the attacks on free speech. It won’t  phase me, because I agree with George Orwell, the author of “1984” “If  liberty means anything at all, it means the right to tell people what  they do not want to hear.”                                                                                                                                                                                               

Attorney  Steve Fischer is an elected State Bar Director from El Paso and  previously was elected from the Corpus-Victoria district. He serves on  the State Commission on Judicial Conduct and created the first Facebook  Texas Attorney discussion groups.

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