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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 ...
Johnson, 685 F.2d 337 (9th Cir. 1982) the act was challenged in court for being unconstitutionally vague and unconstitutionally overbroad in its definition of "unbranded and unclaimed horses". The United States Court of Appeals for the Ninth Circuit upheld the wording of the act. [55] -
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.
It is not vague or overbroad, and it does not impose an undue burden on a woman's right to choose to have an abortion. Whole Woman's Health v. Hellerstedt, 579 U.S. 582 (2016) Clarified the undue burden standard which was developed in a case from 1983 and applied in the 1992 case Planned Parenthood v. Casey. (Overruled by Dobbs v.
In addition, they argued that the law was vague and overbroad and as such prohibited protected forms of expression in violation of the free speech clauses of the First Amendment of the U.S ...
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.
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 ...
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