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.