Amicus Brief: Sullivan v. Texas Ethics Commission

Michael Quinn Sullivan, a prominent conservative activist in Texas, and his organization, Empower Texans, contacted members of the Texas legislature and their staffs to advocate for various policies, including a “fiscal responsibility” score that he notified all state legislators about. Texas has an expansive lobbyist registration requirement that requires those registering to pay a fee. Sullivan, who argues that he contacted legislators in his capacity as a concerned citizen, refused to register. The Texas Ethics Commission then fined Sullivan $10,000 for failing to register as a lobbyist after concluding that Sullivan’s contact with legislators constituted lobbying.

Sullivan challenged the Commission's authority, arguing that it lacked the constitutional power to enforce such regulations. In March 2024, the Texas Supreme Court declined to hear his lawsuits, effectively upholding the Commission's enforcement actions. Sullivan has now filed a petition asking the U.S. Supreme Court to take his case, with former Texas SG Kyle Hawkins as lead counsel. Our supporting brief highlights historical First Amendment jurisprudence and the right citizens have to contact their legislators and advocate for policy.

Ilya Shapiro is a senior fellow and director of Constitutional Studies at the Manhattan Institute. Follow him on Twitter here.

Tim Rosenberger is a legal fellow at the Manhattan Institute.

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