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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

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