The justices seemed likely to side with a Texas community college board to affirm a legislative body’s ability to censure a member for unpopular speech without running afoul of the First Amendment.
The justices in particular were concerned that an alternative ruling would inappropriately involve courts in legislative affairs.
Requiring courts to decide how legislative bodies can police their own members would get the judiciary “involved in the rough and tumble of politics,” Justice Clarence Thomas said.
The only question after oral arguments on Tuesday seemed to be how far the court will go—namely, whether they will rule narrowly on the question of a mere censure or will they also address what other steps these bodies can take.
“You’ve got an easy case on censure,” Justice Sonia Sotomayor told the board’s lawyer Richard Morris, but she pressed him on the limits of what a board can do.
The U.S. Court of Appeals for the Fifth Circuit reached the opposite conclusion in ruling that former Houston Community College System Board member David Wilson could sue the board after it censured him for his speech critical of the body and took steps to limit his legislative privileges.
Justice Gorsuch participated remotely in Tuesday’s arguments due to what Chief Justice John Roberts said was a “stomach bug.” Gorsuch tested negative for Covid-19 on both Monday and Tuesday, according to a statement from the Supreme Court’s public information office.
The case is Houston Community College System v. Wilson, U.S., No. 20-804.
