SPLIT DECISION–CRIMINAL LAW: Overbreadth & Vagueness of Penal Code section 42.07(a)(1), Ex parte

In Ex parte Nuncio, the majority held that Penal Code section 42.07(a)(1), which prohibits making certain communications that are obscene (as defined by section 42.07(b)(2)) was not unconstitutionally overbroad or vague. The dissent agreed the provision was not overbroad, but would have held the provision was void for vagueness.