ELR Citation: 56 ELR 20012
No(s). 1:24-CV-01010-ADA (W.D. Tex. Feb 3, 2026) (Albright, J.)

A district court granted partial summary judgment for a business group in a challenge to a Texas law that prohibits covered state entities from investing in or contracting with companies that "boycott" fossil fuels. The group argued the law was overly broad in violation of the First Amendment, and unconstitutionally vague in violation of the Due Process Clause. The court found the law's application to protected speech was substantial both in absolute terms and in relation to its "plainly legitimate sweep," and thus was unconstitutional and unenforceable. It also found the law was unconstitutionally vague because its definition of "boycott energy company" failed to provide a reasonable opportunity to know what conduct was prohibited and invited discriminatory enforcement. It granted partial summary judgment for the group, declared the law unconstitutional under the First and Fourteenth Amendments, and enjoined Texas from implementing or enforcing it.