Tarleton State University v. Foundation for Individual Rights and Expression

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 [email protected] Texas SBN 24094444

FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION Pennsylvania Avenue SE, Suite 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 [email protected] 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

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 [email protected]

/s/ JT Morris JT Morris

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 [email protected] 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 [email protected] 2/13/2025 10:40:47 AM SENT Alyssa Bixby-Lawson [email protected] 2/13/2025 10:40:47 AM ERROR