State Bar of Texas attacking free speech

Steve Fischer

Lawyers have always been at the forefront, protecting freedom of speech. The Bill of Rights and much of our U.S. Constitution were written by lawyers. In Texas, our 1876 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, is 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 heightened 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.

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?" There is no free speech, if by exercising it, he is removed or censured from the office to which he was elected.

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