Court of Criminal Appeals of Texas

Gardell Anthony Morehead, Appellant v. the State of Texas, Appellee

March 6, 1991807 S.W.2d 577

Summary

The Texas Court of Criminal Appeals held that Texas Penal Code § 42.05 is facially overbroad and unconstitutional under the First Amendment as applied by the Fourteenth Amendment, reversed the conviction, and remanded for further proceedings. Justice Clinton dissented, arguing the statute cannot be saved by narrowing construction.