Tarleton State University v. Foundation for Individual Rights and Expression

Opinion

ACCEPTED 15-24-00057-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 2/13/2025 10:40 AM Case No. 15-24-00057-CV CHRISTOPHER A. PRINE CLERK COURT OF APPEALS FILED IN 15th COURT OF APPEALS FIFTEENTH DISTRICT OF TEXAS AUSTIN, TEXAS AUSTIN, TEXAS 2/13/2025 10:40:47 AM CHRISTOPHER A. PRINE Clerk

TARLETON STATE UNIVERSITY,

Appellant,

vs.

FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION,

Cross-Appellant/Appellee.

JOINT MOTION FOR SUPPLEMENTAL BRIEFING

TO THE HONORABLE COURT OF APPEALS:

Appellant Tarleton State University and Cross-Appellant/Appellee

the Foundation for Individual Rights and Expression (“FIRE”) file this

joint motion for supplemental briefing in accordance with Tex. R. App. P.

38.7. In support of this motion, the parties respectfully show the

following:

1. Supplemental briefing is permissible “whenever justice

requires, on whatever reasonable terms the court may prescribe.” Tex. R.

App. P. 38.7. 2. The parties’ briefs in this cause set forth their respective

positions on the application of University of Texas at Austin v. Gatehouse

Media Texas Holdings, II, Inc., 656 S.W.3d 791 (Court of Appeals–El

Paso, 2022).

3. The Supreme Court of Texas reversed in University of Texas

at Austin v. Gatehouse Media Texas Holdings, II, Inc., 68 Tex. Sup. Ct. J.

277 (Dec. 31, 2024), after the parties completed briefing in this cause.

4. Accordingly, the parties jointly and respectfully request that

the Court order supplemental briefing so they can set forth their

respective positions on the effect that the Supreme Court’s ruling should

have on this cause.

5. The parties respectfully propose they file simultaneous briefs

of no more than five pages each, no more than fourteen days from the

date of the Court’s entry of an order granting this motion, and that

neither party may file a response nor a reply brief.

Dated: February 13, 2025 Respectfully submitted,

/s/ JT Morris JT Morris jt.morris@thefire.org Texas SBN 24094444

2 FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION 700 Pennsylvania Avenue SE, Suite 340 Washington, DC 20003 Tel.: (215) 717-3473 Fax: (215) 717-3440

Attorney for Cross-Appellant/Appellee Foundation for Individual Rights and Expression

/s/ Alyssa Bixby-Lawson Alyssa Bixby-Lawson alyssa.bixby-lawson@oag.texas.gov OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548 (MC 059) Austin, TX 78711-2548 Tel: 210-270-1118 Fax: 512-474-2697

Attorney for Appellant Tarleton State University

3 CERTIFICATE OF SERVICE Pursuant to the Texas Rules of Civil Procedure, a true and correct copy of the foregoing was served on all counsel listed below by Texas e- file service on February 13, 2025:

Alyssa Bixby-Lawson OFFICE OF THE ATTORNEY GENERAL Alyssa.bixby-lawson@oag.texas.gov

/s/ JT Morris JT Morris

4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

JT Morris on behalf of Joshua (JT) Morris Bar No. 24094444 jt.morris@thefire.org Envelope ID: 97336763 Filing Code Description: Motion Filing Description: Joint Motion for Supplemental Briefing Status as of 2/13/2025 10:55 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Gabriel Walters gabe.walters@thefire.org 2/13/2025 10:40:47 AM SENT

Alyssa Bixby-Lawson Alyssa.Bixby-Lason@oag.texas.gov 2/13/2025 10:40:47 AM ERROR