Operation Rescue-National v. Planned Parenthood of Houston & Southeast Texas, Inc

In Operation Rescue-National v. Planned Parenthood of Houston & Southeast Texas, Inc., 975 S.W.2d 546, 559, 41 Tex. Sup. Ct. J. 1071 (Tex. 1998) the Court held: It is possible that Article I, Section 8 may be more protective of speech in some instances than the First Amendment, . . . but if it is, it must be because of the text, history, and purpose of the provision, not just simply because. Starting from the premise that the state constitutional provision must be more protective than its federal counterpart illegitimizes any effort to determine state constitutional standards. To define the protections of Article I, Section 8 simply as one notch above First Amendment protections is to deny state constitutional guarantees any principled moorings whatever. The Court rejected this approach. Id. at 32.