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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 ...
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 ruling was one of a series which overturned elements of President Roosevelt's New Deal legislation between January 1935 and January 1936, until the Court's intolerance of economic regulations shifted with West Coast Hotel Co. v. Parrish. [3] The NIRA allowed local codes for trade to be written by private trade and industrial groups.
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 ...
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] -
Scalia described the statute as a "failed enterprise" that invited "arbitrary enforcement." He declared that individuals are unconstitutionally deprived of due process when they are convicted under "a criminal law so vague that it fails to give ordinary people fair notice of the conduct it punishes." [2]
A state commission that investigates ethical violations in New York was created unconstitutionally, an appeals court said Thursday in a ruling in favor of former Gov. Andrew Cuomo that targets the ...
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