Texas

Last updated on June 19th, 2008

Last updated on June 28th, 2008

MySpace Wins Important CDA 230 Case in Fifth Circuit

Posted May 19th, 2008 by Sam Bayard

Last Friday, the United States Court of Appeals for the Fifth Circuit affirmed the dismissal of negligence claims brought against MySpace by the family of a teenage girl who used the popular social networking site to communicate with and arrange to meet a nineteen-year-0ld boy who sexually assaulted her. The district court held that section 230 of the Communications Decency Act ("CDA 230") barred the teen's claims based on MySpace's alleged failure to take basic safety measures to prevent sexual predators from communicating with minors on the site. See Doe v. MySpace, 474 F.Supp.2d 843 (W.D. Tex. 2007). Agreeing with the district court, the Court of Appeals concluded that the plaintiffs' claims, while ostensibly focusing on website safety, were essentially based on publication of third-party content and were thus defeated by CDA 230:   read more »

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Last updated on May 13th, 2008

Trade Secrets Law in Texas

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Note: This page covers information specific to Texas. See the Trade Secrets overview for more general information.

Texas has not adopted a version of the Uniform Trade Secrets Act (UTSA), which is discussed in the Basics of a Trade Secret Claim. In fact, Texas does not have a statute governing trade secrets law. Instead, it is based solely on the common law, which is the compilation of prior court decisions in the state. Like the UTSA, however, Texas law creates civil liability for "misappropriation" of someone else's trade secret(s). In addition, Texas law may impose criminal penalties for stealing trade secrets. See Texas Penal Code § 31.05 (link is to the Penal Code; you need to choose chapter 31 and then the specific provision).   read more »

Last updated on May 7th, 2008

Last updated on June 6th, 2008

Last updated on June 4th, 2008

Texas State Court Records

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Note: This page covers information specific to Texas. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide. 

You have a right to inspect and copy most records and documents filed in Texas state courts. However, your right of access is not absolute, and a court may seal records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). Refer to the Texas judiciary's website to find the locations, phone numbers, and websites for the state's courts. Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to electronic access to court records.

As a general matter, you may access docket information, the pleadings and motions of the parties to a lawsuit, decisions and orders of the court, evidence introduced in court by either side, and transcripts of hearings, among other items found in a case file. However, there are certain types of court records that you will not be able to inspect. For example, you will not have access to juvenile records where the individual has not committed a felony or a Class A or B misdemeanor between the ages of 17 and 21.   read more »

Last updated on April 17th, 2008

Access to Texas Court Proceedings

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Note: This page covers information specific to Texas. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.

You have a right to attend most court proceedings in Texas state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Texas judiciary's website to find the locations, phone numbers, and websites for the state's District Courts, Courts of Appeal, Supreme Court, and Court of Criminal Appeals. This pages focuses on your ability to access certain types of proceedings.

Criminal Proceedings

Trial Proceedings

You have the same First Amendment right to attend all stages of criminal trials as you do in federal court. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980). This includes the preliminary hearing and the jury selection process.   read more »

Last updated on April 23rd, 2008

Open Meetings Laws in Texas

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Note: This page covers information specific to Texas. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

The Texas Open Meetings Act ("TOMA") provides the public with a right of access to the meetings of a large number of government bodies at the state and local level in Texas. The law entitles you to notice of these meetings and gives you the ability to inspect and copy meeting minutes. For more detailed information about Texas open meetings law, please consult the Texas Attorney General's 2004 Open Meetings Act Handbook and the Reporters Committee for Freedom of the Press's Open Government Guide: Texas.

What Meetings are Covered?

What Government Bodies Are Covered?

TOMA covers the meetings of "governmental bodies." Texas Gov't Code § 551.001(3) lists a number of state and local government entities that fit into this category:   read more »

Last updated on April 17th, 2008

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