Samuel Scott, Appellant v. the State of Texas

Summary

The Texas Court of Criminal Appeals held that Texas Penal Code § 42.07(a)(4) does not implicate the First Amendment, so Scott's facial vagueness challenge fails, and affirmed the trial court's convictions. The Court also corrected the appellate court’s error by finding the July 11, 2006 charging instrument was brought under § 42.07(a)(4), not (a)(7). A dissent argued the statute does implicate free speech and is overbroad, while a concurrence agreed with the result but critiqued the majority’s intensity analysis.