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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 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 ...
Coates v. City of Cincinnati, 402 U.S. 611 (1971), is a United States Supreme Court case in which the Court held that a local city ordinance that made it a criminal offense for three or more persons to assemble on a sidewalk and "annoy" any passersby was unconstitutionally vague and overbroad.
Meanwhile, a separate federal judge across the state in Memphis ruled this summer that Tennessee’s anti-drag show law was “unconstitutionally vague and substantially overbroad,” and ...
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 ...
United States Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548 (1973), is a ruling by the United States Supreme Court which held that the Hatch Act of 1939 does not violate the First Amendment, and its implementing regulations are not unconstitutionally vague and overbroad.
Wonser is asking the federal court to declare the special plate guidelines as unconstitutionally vague and overbroad and block the BMV from enforcing them. He is seeking damages and attorney fees.