Words Do Matter, as Do Precedentsin Law Pertaining to Words
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By Terri Leo-Wilson, State Representative, District 23
Regarding the Seabreeze Beacon Article – “BHEF v. Terri Leo Wilson….Words Matter” in the matter of the lawsuit filed against me, I couldn’t agree more. Words do matter. I filed a motion under the Texas Citizens Participation Act (TCPA) in response to Barbers Hill Education Foundation’s (BHEF) politically motivated lawsuit filed and request for a TRO filed against me during the Primary Elections. Texas law creates accountability when one party’s words and actions are used to silence another party‘s protected words. In the hearing of the case the court called the case against me “frivolous and meritless”. It is exactly for cases such as this, that the legislature passed TCPA into law.
For background, the BHEF sued me during the campaign in regards to comments that I made to a reporter, when she asked what I believed to be the reason why a director of the BHEF, Nathan Watkins, was running against me. The quote I gave her was “I think based on what I have discovered between the ISD and the education foundation and his directorship that he is running to make legal what may be illegal.” In its lawsuit, BHEF admitted that the comment was made in regards to my opponent, Mr. Watkins.
Not only is my statement politically protected speech, I believe my words to be 100% true. My opponent is in fact a director of the BHEF whose company sold millions of dollars of property/development to the BHEF. Watkins claims to have AG “permission” to use a 501c3 in this manner but failed to produce that so-called documentation. It is protected free speech to question the political motivations of a candidate running for public office and his connection to 175 million dollar foundation, the largest in the US, when it has been uncovered that only approximately 2% has gone back to teachers, students and classrooms.
The TCPA protects citizens against retaliatory lawsuits used to silence their free speech. In my case, BHEF lawsuit was also used not just to silence me, but to sway an election. The timing of the lawsuit was purposeful, one week before early voting. In the BHEF court filings, they never produced any evidence of defamation towards the foundation. The facts are that the majority of board members of the BHEF openly supported and funded my opponent’s campaign and then apparently agreed to use the foundation for lawfare to help their colleague gain political office.
If this decision is left without appeal it will have serious repercussions for legally protected free speech rights. Not only do citizens have a right to state publicly what they feel are the political motivations of those seeking public office, but if the case is left unchallenged it sets precedent that well funded nonprofits can engage in suppression of speech and political lawfare, no matter how meritless, and then try to nonsuit to avoid discovery. Such entities would have the ability to influence elections and leave the target of their lawfare with damages and without recourse.
BHEF‘s response to my TCPA motion stated that the Texas Education Agency and the Office of the Attorney General have each opened investigations. If BHEF is being investigated, it is a direct result of their own actions. BHEF’s public statements, publicly filed TRO, publicly filed lawsuit, along with their individual board members, vice president and their executive director’s public support for a candidate, who is also a director of their foundation, clearly it is they who have given their lawsuit statewide public attention. It is sort of like throwing a bomb across Texas and then trying to find an escape because it made way more damage than you anticipated.This is a classic example of what is known as the “Streisand Effect”.
So, I agree, words do matter. Our founding fathers viewed words mattering to the degree that it is the first amendment to our Constitution. George Washington said “If freedom of speech is taken away, then dumb and silent we may be led, like sheep to the slaughter.” Words matter when they are used in an attempt to restrain and silence protected political speech, whether you agree with a candidate’s words or not. Unchallenged, this decision has grave consequences to the very concept of free and fair elections. Political speech is protected speech and it is essential not just for an informed public making decisions on those who will create laws governing them, but it is also vitally important in holding those running for public office accountable. Our free speech rights were given to us by God and have been solidified in the laws of our land, because they are 100% essential to our liberty.
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