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The court determined that the residual clause was unconstitutionally vague because of the combination of two factors: (1) it focused on the ordinary case of a felony, rather than statutory elements or the nature of the convicted's actions, leaving significant uncertainty about how to assess the risk posed by a crime; and (2) the clause does not ...
The law's effects are thereby far broader than intended or than the U.S. Constitution permits, and hence the law is overbroad. The "strong medicine" of overbreadth invalidation need not and generally should not be administered when the statute under attack is unconstitutional as applied to the challenger before the court.
The U.S. Supreme Court interprets these clauses to guarantee a variety of protections: procedural due process (in civil and criminal proceedings); substantive due process (a guarantee of some fundamental rights); a prohibition against vague laws; incorporation of the Bill of Rights to state governments; and equal protection under the laws of ...
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
Municipal ordinance imposing licensing and other requirements on sale of drug paraphernalia was not facially an overbroad restriction on speech as overbreadth doctrine does not apply to commercial speech; facial challenge as vague fails where plaintiff cannot demonstrate law was impermissibly vague in all its applications, and as economic ...
"The ACLU believes that Judge Lanphear came to the right conclusion in finding this statute unconstitutionally vague and overbroad. Unlike the state's already-existing child pornography law, this ...
A federal appeals court has stuck down the Federal Communications Commission's policy on indecent content, saying it "violates the First Amendment because it is unconstitutionally vague." The ...
A commission created last year to enforce ethics rules for New York state's employees and elected officials violates the state's constitution because it is too independent, a state judge ruled ...