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Barton v. Texas

Petition for certiorari denied on February 21, 2023

Docket No. Op. Below Argument Opinion Vote Author Term
22-430 Tex. Crim. App. N/A N/A N/A N/A OT 2022

Issue: (1) Whether the criminalization of expressive electronic communications in Texas Penal Code " 42.07(a)(7) implicates the First Amendment; and (2) whether Texas Penal Code " 42.07(a)(7) is unconstitutionally overbroad.

DateProceedings and Orders (key to color coding)
08/08/2022Application (22A138) to extend the time to file a petition for a writ of certiorari from September 6, 2022 to November 4, 2022, submitted to Justice Alito.
08/18/2022Application (22A138) granted by Justice Alito extending the time to file until October 6, 2022.
08/30/2022Application (22A207) to extend the time to file a petition for a writ of certiorari from September 27, 2022 to October 6, 2022, submitted to Justice Alito.
09/08/2022Application (22A207) granted by Justice Alito extending the time to file until October 6, 2022.
09/23/2022Application (22A207) to extend further the time from October 6, 2022 to November 4, 2022, submitted to Justice Alito.
09/23/2022Application (22A138) to extend further the time from October 6, 2022 to November 4, 2022, submitted to Justice Alito.
09/28/2022Application (22A207) granted by Justice Alito extending the time to file until November 4, 2022.
09/28/2022Application (22A138) granted by Justice Alito extending the time to file until November 4, 2022.
11/04/2022Petition for a writ of certiorari filed. (Response due December 8, 2022)
11/16/2022Motion to extend the time to file a response from December 8, 2022 to January 9, 2023, submitted to The Clerk.
11/17/2022Motion to extend the time to file a response is granted and the time is extended to and including January 9, 2023.
11/30/2022Amicus brief of Texas Criminal Defense Lawyers Association (TCDLA) not accepted for filing. (December 05, 2022) (corrected brief to be submitted)
12/07/2022Brief amicus curiae of Texas Criminal Defense Lawyers Association (TCDLA) (Corrected Brief submitted) filed.
12/07/2022Brief amicus curiae of Electronic Frontier Foundation filed.
12/08/2022Brief amicus curiae of University of Virginia School of Law First Amendment Clinic filed.
12/08/2022Brief amici curiae of Technology Law and Policy Clinic at New York University School of Law & Woodhull Freedom Foundation filed.
12/08/2022Brief amici curiae of First Amendment Scholars filed.
12/08/2022Brief amicus curiae of Foundation for Individual Rights and Expression filed.
12/08/2022Brief amicus curiae of The Rutherford Institute filed.
01/09/2023Brief of respondent Texas in opposition filed.
01/23/2023Reply of petitioners Charles Barton and Nathan Sanders filed.
02/01/2023DISTRIBUTED for Conference of 2/17/2023.
02/21/2023Petition DENIED.