The U.S. Supreme Court has repeatedly struck down laws that are so vague that a normal person

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• The U.S. Supreme Court has repeatedly struck down laws that are so vague that a normal person could not reasonably understand them or determine when they can be applied.

• The void for vagueness doctrine is based on the Fifth and Fourteenth Amendment due process clauses.

• Obscenity, loitering, and vagrancy statutes have been challenged on multiple occasions as overly vague.

• Statutes that are overly broad in their language and criminalize action protected by the Constitution are not permissible.

• Not all speech is protected by the First Amendment.

QUESTIONS:-

1. Provide an example of a law that could be considered “void for vagueness.”
2. List several types of speech that are not protected under the First Amendment.
3. Provide an example of a law that could be considered “void for overbreadth.”

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Criminal Law

ISBN: 9780135777626

3rd Edition

Authors: Jennifer Moore, John Worrall

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