The Texas Home School Coalition has filed an amicus brief urging the U.S. Supreme Court to take up Michael Quinn Sullivan’s case against the Texas Ethics Commission, arguing that Texas’ lobbying registration law threatens grassroots advocacy and political speech.
Sullivan, as former president of Empower Texans, was fined $10,000 by the TEC in 2014 for allegedly acting as an unregistered lobbyist while communicating with lawmakers about tax and spending policies. The TEC ruled that his Fiscal Responsibility Index, which graded legislators on their votes, constituted lobbying. Sullivan has challenged the ruling for the past decade, arguing that the state’s enforcement violates the First Amendment by imposing unconstitutional restrictions on political speech.
THSC, a nonprofit organization that advocates for homeschooling families across Texas, warns that the TEC’s actions could severely limit the ability of parents and advocacy groups to engage in the political process.
“The court of appeals’ decision blessing the Ethics Commission’s novel enforcement chills organizations like Texas Home School Coalition and its members from engaging in the democratic process,” the brief states.
THSC’s concerns stem from Texas’ broad lobbying registration requirements, which mandate that individuals who spend as little as $970 on activities relating to political advocacy in a single quarter must register as lobbyists, file disclosures, and pay a licensing fee—even if they are unpaid volunteers or grassroots activists.
THSC argues this law could force homeschool parents and community leaders to register as lobbyists simply for advocating for education policies at the Texas Capitol.
“The inevitable result of the court of appeals putting its imprimatur on the Ethics Commission’s capricious enforcement of Chapter 305 is chilling the core political speech of the Coalition and its members,” THSC warns.
For nearly four decades, THSC has played a key role in defending homeschooling after Texas attempted to ban the practice in the 1980s. It has successfully lobbied for legislation that ensures homeschooling students have access to PSAT exams, UIL extracurricular activities, and fair treatment in college admissions.
THSC also encourages families to engage in the political process, hosting programs such as its Capitol Days initiative, in which homeschooling families visit the statehouse and meet with legislators.
Its brief argues that the TEC’s broad application of lobbying laws could force these families and activists to register as lobbyists, disclose personal information, and pay fees simply for speaking to their own elected representatives. THSC warns that the TEC’s enforcement actions against Sullivan could be used as a precedent to target other political advocacy groups that engage in speech disfavored by those in power.
“Michael Quinn Sullivan became the target of a novel enforcement of Chapter 305 based on the complaints of two legislators who were upset with how Mr. Sullivan had ranked their votes,” the brief states.
THSC’s filing adds to a growing list of organizations—including the Cato Institute, FIRE, and the Manhattan Institute—that have filed briefs in support of Sullivan, arguing that Texas’ lobbying laws violate the First Amendment and chill political speech.
Texas Attorney General Ken Paxton has also submitted a separate amicus brief supporting Sullivan, calling the TEC’s enforcement unconstitutional, and warning that Texas’ lobbying laws impose unlawful burdens on free speech and grassroots advocacy.
The Supreme Court has yet to decide whether it will grant certiorari in the case.
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