“The First Amendment bars subtle as well as obvious devices by which political association might be stifled.” Those participating in the boycotts restricted by Texas are not necessarily associated in a formal manner. But formal association is not a prerequisite to protecting their associational rights—those who merely donated in NAACP v. Alabama or who participated in the boycott in Claiborne Hardware were not necessarily members of the NAACP either. Nevertheless, those participating in the restricted boycotts are allied in a meaningful way, in a way that amplifies their voices. This Court should affirm the district court’s decision and hold that Texas’s H.B. 89 is unconstitutional.
Institute for Free Speech and Foundation for Individual Rights and Education Amicus Brief, United States Fifth Circuit Court of Appeals (December 6, 2019)