Samuel Scott, Appellant v. the State of Texas

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals' judgments and affirmed the trial court, holding that Texas Penal Code § 42.07(a)(4) does not implicate the First Amendment and that the July 11, 2006 charging instrument was brought under § 42.07(a)(4), not § 42.07(a)(7). The Court also concluded that the facial vagueness challenge to § 42.07(a)(4) fails because the statute is not subject to First‑Amendment scrutiny.