Texas newspaper publishers in 2026 find themselves in the midst of another election season. And we know that in Texas, politics is a contact sport.

By DON RICHARDS, Richards, Elder and Frost, PLLC

Therefore, it’s a good time to go over a few of the basic Texas laws and considerations applicable to election news coverage, letters to the editor and political advertising.

1. The legal rights of a ‘free press’

AUSTIN — In 2020, a Texas federal court ruled that certain provisions of the Texas drone law violated the First Amendment because they restricted the right to gather news. This freed Texas journalists from concerns that their conduct would be subject to civil and criminal penalties under unclear provisions of the state’s drone law enacted in 2013.

The European Union’s (EU) General Data Protection Regulation (GDPR) is a comprehensive data privacy and security law that imposes an array of obligations onto organizations that target the European market and collect personal data related to people residing in the EU. Article 17 of the GDPR, also known as the “right to be forgotten,” is one of its key provisions, allowing EU individuals to request that organizations delete their personal data if they no longer want it to be held and processed.

By MALLIKA DARGAN and GAVIN GEORGE, Haynes and Boone, LLP

This column is written by Paul Watler, Jackson Walker LLP.

Q: How do I recognize a defamatory statement in a letter to the editor? What if non-print and other media have in effect published the same defamatory statement? 

In the digital age, somebody’s worst moment can be the first result a Google search returns on them, potentially forever. Increasingly, news publishers are being asked to take down content that the person making the request wants the world to forget. Whether the profession of journalism—the self-proclaimed “first draft of history”—should be in the business of unpublishing yesterday’s news presents thorny practical, ethical, and even existential dilemmas.

By CHIP STEWART, Texas Christian University, and DEBORAH L. DWYER, Reynolds Journalism Institute

Q: Are there any legal or ethical restrictions on a newspaper publishing a photo from a social media post?

The killing of George Floyd and the ensuing civil unrest have placed journalists at the center of large-scale protests and demonstrations across the United States, including in major metropolitan centers throughout Texas.  In the course of covering these protests, many journalists have found themselves in harm’s way, and members of the press corps have been assaulted, detained, or arrested in the line of duty.

The Texas Ethics Commission recently revised rules regulating disclosures in online political advertising. Among other changes, the new rule exempts political advertising shared or re-posted on social media by persons other than a candidate or political committee from general requirements to disclose the message as political advertising and to identify the candidate or person responsible for the ad.

By Paul C. Watler

By DAVID H. DONALDSON, JR.

A Houston court of appeals recently sided with media defendants regarding the relationship between Texas’ retraction statute (known as the Defamation Mitigation Act “DMA”) and the Anti-SLAPP statute (known as the Texas Citizens Participation Act “TCPA”). 

By Wesley D. Lewis, Associate, Haynes and Boone, LLP