A Republican candidate for state representative filed a lawsuit seeking the right to use legislative videos taken during proceedings of the Texas House of Representatives in his campaign advertising. He claims that the videos highlight votes and positions that his opponent incumbent Wayne Smith (R-Baytown) has taken that are inconsistent with what Smith tells constituents.
Smith’s challenger, and the plaintiff, urges in his lawsuit that these videos will show that Smith has taken votes and positions which he believes “are out-of-step with the views of residents in House District 128 and inconsistent with statements Smith has made during his reelection campaign.” The petition filed in Harris County on Thursday is attached below.
The candidate, Briscoe Cain, is running against the incumbent State Representative Wayne Smith. Both are Republicans.
Cain’s petition states that he will suffer irreparable injury if the Court does not issue temporary injunctive relief for use of these videos during the campaign because it involves “the loss of First Amendment freedoms.” Both men are in a runoff and early voting begins on May 16. Election Day is Tuesday, May 24.
The lawsuit petition states that “Smith presents himself to voters as a strong conservative. However, Smith consistently rates poorly with grassroots conservative organizations. Cain has successfully criticized Smith for taking votes that are inconsistent with his campaign rhetoric.”
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