(Courthouse News) A Texas appeals court on Friday threw out one of two felony abuse of power charges hanging over former Gov. Rick Perry based on the Republican presidential candidate's contention that it violates the First Amendment.
A three-judge panel of the Third Court of Appeals dismissed the coercion of a public servant charge because the statute "violates the First Amendment and, accordingly, cannot be enforced."
Justice Bob Pemberton wrote that the former Texas governor's abuse of official capacity charge will remain intact, however, because his "as applied" constitutional challenges cannot be played out through pretrial motions.
Advertisement - story continues below