Ex Parte Oscar Calvin Fisher

OPINION

Mackey K. Hancock, Justice. Appellant, Oscar Calvin Fisher, appeals from the denial of a pre-trial writ of habe-as corpus. By three issues, 1 appellant contends that section 33.021 of the Texas Penal Code 2 is: (1) unconstitutionally overbroad, in violation of the First Amendment to the United States-Constitution; 3 (2) unconstitutionally vague, in violation of the Fourteenth Amendment; 4 and (3) unconstitutionally violates Article I, section 8, of the United States Constitution, also known as the Commerce Clause. 5 We will affirm.

Factual and Procedural Background

Appellant was indicted…