Introduction to the Controversy
The State Bar of Texas has rescinded a speaking invitation to Derrick Johnson, the president and CEO of the NAACP, citing new rules that prohibit speaking topics that could be deemed political. Johnson was set to speak during the state bar’s annual meeting in June in San Antonio, on the Juneteenth holiday, which marks the day in 1865 when the last enslaved people in the U.S. learned they were free.
The Reason Behind the Rescission
At issue is a lawsuit the NAACP and other civil rights and education groups filed in March against President Donald Trump’s executive order to dismantle the Education Department. The lawsuit argues the administration’s cuts will hobble mandated functions like protecting students from discrimination or funding educational programs. Trey Apffel, the executive director of the state bar, said his organization rescinded the speaking invitation because the NAACP’s lawsuit violated state bar rules that call for it to be politically neutral.
The State Bar’s Rules
The bar is required by law to limit what information it can communicate to issues related to the practice of law. The bar, which regulates the legal profession in Texas, is also mandated by the Texas Supreme Court to stay clear of anything "even having the perception of being political or ideological." The bar views the NAACP’s lawsuit as "political because it is taking on the federal government on an executive order of the president."
Johnson’s Response
Johnson disagrees with Apffel’s view of the lawsuit, stating that it is a case questioning whether or not there is constitutional authority for the president to take a certain action. "That’s not political. That’s the job of lawyers. That is the job of the NAACP," Johnson said. During a phone call in February with Apffel and other state bar leaders, Johnson said he was asked to not make his speech political in any way and he agreed.
Inconsistencies in the State Bar’s Decision
Johnson pointed out a "glaring inconsistency" in the group’s decision to rescind his invitation but to allow former U.S. Attorney General William Barr to speak at the 2023 annual meeting. The bar was criticized by some of its members for inviting Barr to speak, citing his actions during the first Trump administration. Apffel said when Barr spoke in 2023, he was a former officeholder "whose role as the attorney general and thoughts on legal matters, both pro- and anti-Trump, were relevant to a legal audience."
The Importance of Free Speech
In a column written before Barr’s appearance, Laura Gibson, a former president of the state bar, defended the decision to have Barr speak, stating that "it is easy to defend the rights of speakers we agree with, but it is essential to the rule of law that we also defend the rights of speakers with whom we disagree." With tighter restrictions in place today by the bar on what can be said, Barr would not have been allowed to speak, Apffel said.
Conclusion
The State Bar of Texas’s decision to rescind Derrick Johnson’s speaking invitation has sparked controversy and raised questions about the importance of free speech and the role of the state bar in upholding the Constitution. As Johnson said, "We are in an intersection point in our democracy. Are we going to uphold the Constitution and ensure that this speech is something that we value, or are we going to take a different approach?" The state bar’s decision has been seen as inconsistent and has highlighted the need for a balanced approach to free speech and political neutrality.
