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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.
Based on this determination, the court held § 2252A(a)(3)(B) to be unconstitutionally overbroad. The Eleventh Circuit further stated that the law was unconstitutionally vague, in that it did not adequately and specifically describe what sort of speech was criminally actionable.
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 ...
Case history; Prior: 658 F.2d 1362 (9th Cir. 1981): Holding; The statute, as drafted and as construed by the state court, is unconstitutionally vague on its face within the meaning of the Due Process Clause of the Fourteenth Amendment by failing to clarify what is contemplated by the requirement that a suspect provide a "credible and reliable" identification.
Judge Jeffrey Lanphear dismissed the charges against the 68-year-old Cranston man after finding the state’s law barring the possession of child erotica overly broad and vague, in violation of ...
The Court held that the vagrancy ordinance was also unconstitutionally vague because it gave too much arbitrary power to the police. ("Another aspect of the ordinance's vagueness appears when we focus, not on the lack of notice given a potential offender, but on the effect of the unfettered discretion it places in the hands of the Jacksonville ...
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