Notice Regarding Free Speech and Legal Protections

To all parties concerned about the content published on this platform.

This community portal exists because homeowners have the right to talk to each other about their own neighborhood. That right is not a privilege granted by the HOA board. It is a constitutional right protected by the First Amendment, affirmed by the Texas Legislature, and defended by courts across the country. This page explains those protections — so there are no misunderstandings.

This Is a Free Speech Platform

The United States was founded on the principle that citizens have the right to speak freely about matters that affect their lives. The governance of a homeowners association — how assessments are spent, how rules are enforced, who serves on the board, and how decisions are made — is precisely the kind of speech the First Amendment was designed to protect.

This platform is an independent community forum. It is not operated by, affiliated with, or endorsed by the Hampton Creek Community Association, Inc., its Board of Directors, Goodwin & Company, or Porter Law. It is operated by a private individual as a public service for the residents of Hampton Creek.

"Congress shall make no law ... abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
— First Amendment, United States Constitution

Legal Protections

This platform and its users are protected by multiple layers of federal and state law:

Federal
Section 230
47 U.S.C. § 230 — Platform operator is not the publisher of user-generated content. Moderating content does not create liability.
Texas
TCPA Anti-SLAPP
Tex. Civ. Prac. & Rem. Code Ch. 27 — Provides early dismissal of lawsuits targeting speech on matters of public concern, with mandatory attorney fee recovery and sanctions.
Constitutional
First Amendment
Speech on matters of public concern — including HOA governance — is at the heart of First Amendment protection.

Section 230 — Platform Immunity

Under 47 U.S.C. § 230(c)(1), "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." This platform is a provider of an interactive computer service. User posts are provided by users. The operator is not legally responsible for user-generated content — and this protection is not lost by moderating content in good faith.

Texas Citizens Participation Act (TCPA)

The Texas Citizens Participation Act (Tex. Civ. Prac. & Rem. Code Ch. 27) is one of the strongest anti-SLAPP statutes in the nation. It provides:

The Texas Supreme Court has confirmed that speech about community development, HOA management, and neighborhood conditions constitutes speech on "matters of public concern" under the TCPA. See Adams v. Starside Custom Builders, LLC, 547 S.W.3d 890 (Tex. 2018).

HOA Board Members Are Limited Purpose Public Figures

Courts have held that HOA board members, by voluntarily assuming leadership roles in their communities, become limited purpose public figures. This means that to prevail in a defamation claim, they must prove the defendant acted with actual malice — knowledge that the statement was false, or reckless disregard for its truth. This is the highest standard in defamation law, and it must be proven by clear and convincing evidence.

Opinion Is Protected

Under Texas law and the First Amendment, statements of opinion cannot be defamation because they are not provable as true or false. Saying "I believe the board is wasting our money" is an opinion. Saying "the management company doesn't do their job" is an opinion. Saying "this HOA is run like garbage" is an opinion. Opinions are absolutely protected — no matter how harsh, blunt, or unflattering they may be.

Truth Is an Absolute Defense

Under Texas law, a statement that is substantially true cannot be the basis of a defamation claim. If a homeowner references a public record, a government filing, or a documented fact — and the substance of the statement is accurate — there is no defamation. Period.

What the Courts Have Said

The following cases demonstrate how courts have applied these protections in HOA communities:

Adams v. Starside Custom Builders, LLC
Texas Supreme Court — 547 S.W.3d 890 (2018)
Homeowner John Adams created a blog criticizing his HOA developer for cutting trees in common areas and mismanaging the subdivision. The developer sued for defamation. The Texas Supreme Court held that Adams was exercising his right of free speech under the TCPA. Blog posts about community development and HOA management are matters of public concern — protected speech.
Ellis County HOA SLAPP Case
Ellis County, Texas (2016)
HOA board members sued a homeowner for writing a letter questioning the board's business judgment. They claimed "defamation," "slander," and "ruining their reputation." The letter was simply one homeowner exercising his right to question the direction of the board.
Case dismissed. Board ordered to pay $10,000+ in attorney fees and $25,000 in sanctions.
McCoy v. Johnson
Arizona Court of Appeals — 1 CA-CV 21-0676 (2022)
Three former HOA board members sued a homeowner for social media posts criticizing committee selection decisions. The court held that board members are limited purpose public figures who must prove actual malice with clear and convincing evidence. The defamation claims were dismissed — the homeowner's posts were protected opinions.
Damon v. Ocean Hills Journalism Club
California Court of Appeal — 85 Cal.App.4th 468 (2000)
HOA manager sued residents who published a newsletter criticizing his competence. The court held the newsletter was protected speech on a public issue and stated: "For many Americans, the homeowners association functions as a second municipal government." The manager was a limited purpose public figure. Case dismissed under anti-SLAPP.
Stillwater Lakes / Glassic v. SLCA
Monroe County, Pennsylvania (2019)
Homeowner Mike Glassic created a website to promote transparency in his HOA. The association sued to shut it down. The litigation lasted ten years.
Dismissed with prejudice. Homeowners then filed a malicious prosecution lawsuit against the HOA and its attorneys.

Notice to Those Concerned

This section outlines the legal protections that apply to this platform and its users under federal and Texas state law.

This platform facilitates speech on matters of public concern within the Hampton Creek community. The following legal protections apply:

For reference, in the Ellis County case cited above, the court ordered payment of $10,000 in attorney fees and $25,000 in sanctions when a homeowner's speech rights were challenged. The TCPA has only been strengthened since 2016.

This platform exists to give homeowners a way to communicate with each other. We welcome open dialogue and encourage anyone with additional information on any topic discussed here to share it.

"For many Americans, the homeowners association functions as a second municipal government."
— Damon v. Ocean Hills Journalism Club, 85 Cal.App.4th 468 (2000)

Personal Capacity Claims and HOA Governance

Courts have consistently held that when an individual serves on an HOA board of directors, speech about their conduct in that role remains speech on a matter of public concern — regardless of whether a claim is filed personally or on behalf of the association. Filing in an individual name does not change the nature of the speech or remove the protections that apply to it.

McCoy v. Johnson
Arizona Court of Appeals — 1 CA-CV 21-0676 (2022)
Three former board members sued a homeowner in their personal capacity for social media posts criticizing board decisions. The court held that board members are limited purpose public figures "by reason of their service on the Board" and dismissed the claims as protected opinion.
Agar v. Judy
Delaware Court of Chancery — 151 A.3d 456 (2017)
The court stated: "When individuals seek to serve as directors of an organization, they meet the second rationale for public figure status" — rejecting the argument that private association board members should be treated differently from other public figures.
Damon v. Ocean Hills Journalism Club
California Court of Appeal — 85 Cal.App.4th 468 (2000)
An HOA manager's personal defamation claim was dismissed under anti-SLAPP because the speech concerned public issues within the community. The court stated: "For many Americans, the homeowners association functions as a second municipal government."

Under the TCPA, the test is whether the speech relates to a matter of public concern — not who files the lawsuit. Courts in California, Texas, Arizona, Delaware, Minnesota, New Jersey, and Wyoming have all reached the same conclusion: a board member who chooses to lead does not get to silence those they lead.

Data Protection & Privacy

User data — including phone numbers, IP addresses, and identity behind anonymous posts — will not be disclosed to any private party, organization, or individual. Disclosure occurs only in response to:

Informal demands, cease-and-desist letters, and requests from any private party or their legal representatives will not result in disclosure of any user data. This platform complies with the Texas Data Privacy and Security Act (TDPSA), the Stored Communications Act (18 U.S.C. § 2701 et seq.), and all applicable federal and state privacy laws.

This Is America

This country was not built so that people could be silenced. It was built so that every person — regardless of who they are, where they come from, or how much power someone else holds over them — has the right to speak freely about the things that affect their lives.

That right is not a privilege granted by a board of directors. It is not something that can be taken away by a management company. It is guaranteed by the Constitution of the United States, protected by the laws of the State of Texas, and defended by courts at every level of the American judicial system. It is the foundation this country was created on — and it is the responsibility of everyone who lives here to respect it.

This platform will continue to operate as a space where Hampton Creek homeowners can speak openly about their community. We encourage constructive dialogue. We welcome every voice. We protect every resident's right to be heard.

If you have concerns about specific content on this platform, you are welcome to contact the administrator. If you believe a post contains a factual error, we encourage you to share accurate information — that is how open communities work.

Effective: April 8, 2026 · Last updated: April 8, 2026

Contact: Contact form