Case Overview
In March 2025, Phi Theta Kappa Honor Society filed a lawsuit against Toni Marek to block the publication of her book exposing sexual assault, retaliation, and misconduct. The case centers on censorship, prior restraint, and the use of legal power to silence whistleblowers and survivors of sexual assault. PTK claimed that Marek had received their “privileged” information, but every document she possessed came from public records.
PTK sought an unlawful prior restraint, and presenting it to a judge without letting her know, they received it. At that point, Ms. Marek retained us to defend her First Amendment rights.
We first filed our opposition to the injunction and then had oral argument.
In a decisive ruling on April 8, 2025, the 135th Judicial District Court of Texas upheld First Amendment rights and struck down Phi Theta Kappa Honor Society’s attempt to silence whistleblower and advocate Toni Marek with an unlawful prior restraint. The court quashed the organization’s improperly obtained temporary restraining order and declined to issue a further injunction that would have blocked the publication of Marek’s forthcoming book.
“The Supreme Court has roundly rejected prior restraint,” said Marc Randazza, nationally recognized First Amendment attorney representing Marek. “PTK tried to argue that this case has nothing to do with the First Amendment, but that was quite obviously not the case – they were trying to stop publication of a book. What is more First Amendment than that?”
Randazza submitted strong briefing to suggest that there was nothing right about the prior restraint. The court unsurprisingly threw out the improperly procured prior restraint and declined to enter a further injunction. “PTK really should reconsider their tactics, because this backfired on them, hard,” Randazza said. “They are now facing an anti-SLAPP motion. It is only going to get worse, and we hope they come to their senses.”
The court’s ruling represents a strong affirmation of free speech, particularly in cases involving whistleblowers and public accountability. Marek’s book, which draws from public records and firsthand experience, is expected to shed light on a decade-long pattern of alleged misconduct and cover-ups. “This book was never about revenge — it’s about truth,” said Toni Marek. “It’s about breaking a silence that has cost too many too much. I didn’t write it for headlines, I wrote it for the students, survivors, and whistleblowers who’ve been told to sit down and stay quiet. Not anymore.”
Phi Theta Kappa’s legal maneuvering aimed to prevent the public from learning about documents the organization claims are privileged, despite being lawfully obtained through records requests. The Court firmly rejected this approach, signaling that public discourse cannot be preemptively gagged simply to avoid institutional embarrassment.
