STATE v. DOE

No. 05-99-01091-CR.

61 S.W.3d 99 (2001)

The STATE of Texas, Appellant, v. John DOE (A Pseudonym), Appellee.

Court of Appeals of Texas, Dallas.

October 16, 2001.


Attorney(s) appearing for the Case

George R. Milner, Dallas, Eric V. Moye, Vial, Hamilton, Koch & Knox, L.L.P., Dallas, for Appellee.

Benjamin Laurence Stool, Asst. Dist. Atty., Dallas, for Appellant.

Before Justices LAGARDE, MORRIS, and O'NEILL.


OPINION

MORRIS, Justice.

At issue in this case is the constitutionality of a statute regulating core political speech in the electoral process. The State indicted "John Doe" for violating section 255.001 of the Texas Election Code by circulating an anonymous flier opposing a particular candidate for public office. Doe challenged the indictment arguing the statute infringed upon his right to freedom of speech. We conclude section 255.001 on its face violates...

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