Mabe v. City of Galveston
Court of Appeals of Texas
687 S.W. 2d 769 (1985)
James Mabe (defendant), a gift-shop owner, complained repeatedly to the Galveston City Council and Park Board of Trustees (plaintiffs) about the lack of public beachfront bathrooms, and after concluding they were unresponsive, distributed pamphlets publishing the members' already-public phone numbers alongside his complaint; some members received late-night complaint calls at home as a result. The City and Park Board sued for an injunction against further distribution, arguing privacy violations, and the trial court granted it; Mabe appealed, arguing lack of standing and a First Amendment violation.
Whether an injunction against public-interest-related speech on the ground that the speech publishes already public information on public officials is an unconstitutional prior restraint under the First Amendment.