An enactment is void for vagueness if its prohibitions are not clearly defined to give a person of ordinary intelligence a reasonable opportunity to know what is prohibited.
A defendant was convicted under municipal ordinances prohibiting picketing and noise near a school during a demonstration. The defendant challenged the constitutionality of the ordinances on the grounds of vagueness and overbreadth. The Court holds that an enactment is void for vagueness if its prohibitions are not clearly defined, failing to give a person of ordinary intelligence a reasonable opportunity to know what is prohibited. While the antipicketing ordinance violated the Equal Protection Clause, the antinoise ordinance is constitutional because it is narrowly tailored to prevent disruptions to school activities and provides sufficient notice through its specific context and requirements of willful conduct.
At page 108 Defining vagueness under due process for criminal statutes1,497 citing cases“give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.”
- Shamrock Hills, LLC v. State of Iowa, No. 25-2991 (8th Cir. Aug. 12, 2026).publishedStill, “perfect clarity and precise guidance have never been required even of regulations that restrict expressive activity.” United States v. Williams, 553 U.S. 285, 304 (2008) (quoting Ward v. Rock Against Racism, 491 U.S. 781, 794 (1989…
- Merriott v. City of Bossier City, 179 F.4th 393 (5th Cir. 2026).published (A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application.)
- d/b/a Red River Women’s Clinic v. Wrigley, 2025 ND 199.published “Uncertain meanings inevitably lead citizens to steer far wider of the unlawful zone than if the boundaries of the forbidden areas were clearly marked.” Grayned v. City of Rockford, 408 U.S. 104, 109 (1972) (cleaned up) (quoting Baggett v.…
- Paul-Adams Quarry Trust, LLC, Francis L. Adams, Tax Matters Partner, No. 10145-21 (Tax Ct. Nov. 3, 2025).unpublished(It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.)
- Meredith Logan Whitehurst v. Town of Sullivan's Island, 919 S.E.2d 402 (S.C. 2025).published Indeed, "Content-based regulations are presumptively invalid." Id.; Grayned, 408 U.S. at 115 ("Clearly, government has no power to restrict [speech] because of its message."); Tinker v. Des Moines Indep.
- Slinkard v. Indep. Sch. Dist. No. 1 of Tulsa Cnty., No. 4:23-cv-00354 (N.D. Okla. Mar. 31, 2025). See, e.g., Callaway v. City of Edmond, 791 P.2d 104 , 106 n.1 (Okla. Crim. App. 1990) (Oklahoma’s “due process clause in Art. 2 Sec. 7 has a definitional range that is coextensive with its federal counterpart.”). 6 See, e.g., Grayned, 408…
- People of Guam v. Shaunn Gumataotao Manglona, 2024 Guam 8 (Guam 2024).published (A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application.)
- Bole v. Oldham Cnty. Bd. of Educ., No. 3:24-cv-00051 (W.D. Ky. Sept. 11, 2024). Ass’n v. State Bd. of Educ., 271 F.3d 1141 , 1151 (9th Cir. 2001) (quoting Hill v. Colorado, 530 U.S. 703, 733 (2000)); see also Grayned, 408 U.S. at 110 (“Condemned to the use of words, we can never expect mathematical certainty from our…
- Rupe v. City of Jacksboro, No. 4:23-cv-00998 (N.D. Tex. July 25, 2024).(It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.)
- Oregon Ass'n of Hospitals & Health Sys. v. State of Oregon, 734 F. Supp. 3d 1139 (D. Or. 2024).published See Rose v. Locke, 423 U.S. 48, 49-50 (1975); McSherry v. Block, 880 F.2d 1049, 1054 (9th Cir. 1989) (quoting Rose); see also Grayned, 408 U.S. at 110 (“Condemned to the use of words, we can never expect mathematical certainty from our lan…
Show 210 more citing cases
- Diego Morales v. John Rust, 228 N.E.3d 1025 (Ind. 2024).published(Vague laws may trap the innocent by not providing fair warning.)
- In re Pers. Restraint of Ansell, 533 P.3d 875 (Wash. 2023).published ([W]e insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.)
- Fraternal Order of Police Pennsylvania v. Twp. OF SPRINGFIELD, No. 2:23-cv-00332 (E.D. Pa. Apr. 6, 2023).(It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.)
- Local 8027, AFT-New Hampshire, AFL-CIO v. NH Dep't of Educ., 665 F. Supp. 3d 215 (D.N.H. 2023).published ([I]f arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them.)
- Local 8027, AFT-N.H., AFL-CIO v. Frank Edelblut, 651 F. Supp. 3d 444 (D.N.H. 2023).published ([I]f arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them.)
- TXI Operations, LP v. McKinney, No. 4:20-cv-00353, 2023 WL 161942 (E.D. Tex. Jan. 11, 2023).([B]ecause we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act ac…)
- United States v. Wilson, No. 21-1099 (10th Cir. Apr. 21, 2022).unpublished([W]e insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.)
- In re S.F., 269 A.3d 324 (Md. 2022).published (It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.)
- Ostrewich v. Trautman, No. 4:19-cv-00715 (S.D. Tex. Sept. 14, 2021). See also Grayned, 408 U.S. at 114 (“Because overbroad laws, like vague ones, deter privileged activity, our cases firmly establish appellant’s standing to raise an overbreadth challenge.”).
- Brantley Cnty. Dev. Partners, LLC v. Brantley Cnty., 559 F. Supp. 3d 1345 (S.D. Ga. 2021).published (A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application.)
- Salkhi v. Dueweke, No. 4:20-cv-06047 (N.D. Cal. June 2, 2021).([W]e insist that 2 laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, 3 so that he may act accordingly. Vague laws may trap the innocent by not providing fair 4 warning.)
- Lawson v. Knox Cnty. Crim. Court, No. 3:20-cv-00456 (E.D. Tenn. Mar. 23, 2021).([B]ecause we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so he may act accordi…)
- Ex Parte James Burke Jarreau, 623 S.W.3d 468 (Tex. App.—San Antonio 2020).published (It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.)
- Rodolfo Canales v. Ken Paxton, No. 03-19-00259-CV (Tex. App.—Austin Sept. 30, 2020).published (It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.)
- Spears v. Arizona Bd. of Regents, No. 4:18-cv-00126 (D. Ariz. Aug. 21, 2019). (It is a basic principle of due 26 process that an enactment is void for vagueness if its prohibitions are not clearly defined.)
- Am. First Enter., LLP v. Middlesex Twp. ZHB ~ Appeal of: Middlesex Twp., No. 1440 & 1466 C.D. 2018 (Pa. Commw. Ct. Jan. 5, 2021).unpublished
- State of Tennessee v. Robert Jason Allison, 618 S.W.3d 24 (Tenn. 2021).published
- Charlotte A. Bowling v. Denis McDonough, No. 18-5263, 19-0602, 2021 WL 1249822 (Vet. App. Mar. 29, 2021).published
- United States v. Harmon, No. 2019-0395 (D.D.C. Apr. 16, 2021).published
- Norton v. Bd. of Supervisors of Fairfax Cnty., 299 Va. 749 (2021).published
- Donald Burns v. Town of Palm Beach, 999 F.3d 1317 (11th Cir. 2021).published
- Timothy Edgar v. Avril Haines, 2 F.4th 298 (4th Cir. 2021).published
- Nowicki v. Contra Costa Cnty. Employees' Ret. etc., 67 Cal. App. 5th 736 (Cal. Ct. App. 2021).published
- State v. Lewis, 863 S.E.2d 1 (S.C. 2021).published
- Memphis Ctr. for Reprod. Health v. Herbert Slatery, III, 14 F.4th 409 (6th Cir. 2021).published
- United States v. Mark Lundy, No. 20-6323 (6th Cir. Nov. 9, 2021).unpublished
- Doe v. Hopkinton Pub. Schs., 19 F.4th 493 (1st Cir. 2021).published
- Samuel Armstrong v. Gavin Newsom, No. 21-55060, 2021 WL 6101260 (9th Cir. Dec. 21, 2021).unpublished
- Rodney Keister v. Stuart Bell, 29 F.4th 1239 (11th Cir. 2022).published
- Woodhull Freedom Found. v. United States, No. 2018-1552 (D.D.C. Mar. 29, 2022).published
- United States v. Terrell Javon Jones, No. 20-11841 (11th Cir. June 1, 2022).unpublished
- Kristin Riley v. Narragansett Pension Bd., 275 A.3d 545 (R.I. 2022).published
- SisterSong Women of Color Reproductive Just. Collective v. Governor of the State of Georgia, 40 F.4th 1320 (11th Cir. 2022).published
- People of Michigan v. Bradley Nolan Clark, No. 352874 (Mich. Ct. App. July 21, 2022).unpublished
- Andrew Stevens v. City of Columbus, No. 21-3755, 2022 WL 2966396 (6th Cir. July 27, 2022).unpublished
- Lewis v. Smith, No. 19-30689, 2022 WL 10965839 (5th Cir. Oct. 19, 2022).unpublished
- Frese v. Formella, 53 F.4th 1 (1st Cir. 2022).published
- Benjamin Stibbe v. Tony Evers, No. 22-1455, 2022 WL 16833515 (7th Cir. Nov. 9, 2022).unpublished
- State v. Moses, 2022 ND 208, 982 N.W.2d 321.published
- Dream Defenders v. Governor of the State of Florida, 57 F.4th 879 (11th Cir. 2023).published
- People v. Villareal, 2022 IL 127318, 216 N.E.3d 188.published
- Slattery v. Hochul, 61 F.4th 278 (2d Cir. 2023).published
- Bryan Range v. Attorney Gen. United States, 69 F.4th 96 (3d Cir. 2023).published
- Bert Co. v. Turk, 298 A.3d 44 (Pa. 2023).published
- Bert Co. v. Turk, 298 A.3d 44 (Pa. 2023).published
- Alejandro Flores v. Lori Bennett, No. 22-16762 (9th Cir. Aug. 3, 2023).unpublished
- State of Tennessee v. Christopher Lee Goodwin, No. M2022-00540-CCA-R3-CD (Tenn. Crim. App. Nov. 7, 2023).published
- State of New Jersey v. Terrell Jackson, No. A-3691-21 (N.J. Super. Ct. App. Div. Dec. 12, 2023).unpublished
- United States v. Benjamin Galecki, 89 F.4th 713 (9th Cir. 2023).published
- Fadi Georges Ghanem v. State of Texas, 689 S.W.3d 354 (Tex. App.—Corpus Christi–Edinburg 2024).published
- People of Michigan v. Jumaane Amunra Jones, No. 360171 (Mich. Ct. App. Apr. 11, 2024).unpublished
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- NetChoice, LLC v. Griffin, No. 5:23-cv-05105, 2023 WL 5660155 (W.D. Ark. Aug. 31, 2023).
- People of Michigan v. John MacAuley Burkman, 15 N.W.3d 216 (Mich. 2024).published
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- Nathu v. City Of Oakland, No. 3:20-cv-05242 (N.D. Cal. Dec. 14, 2022).
- Sec. & Exch. Comm'n v. Armijo, No. 3:21-cv-01107 (S.D. Cal. Mar. 8, 2023).
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- Harbor Breeze AMI, LLC v. City of Holmes Beach, No. 8:22-cv-01682 (M.D. Fla. June 7, 2023).
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- WBY, Inc. v. City of Chamblee, No. 1:18-cv-05748 (N.D. Ga. July 15, 2021).
- Brantley Cnty. Dev. Partners, LLC v. Brantley Cnty., No. 5:19-cv-00109 (S.D. Ga. May 14, 2021).
- Coley-Pearson v. Martin, 689 F. Supp. 3d 1339 (S.D. Ga. 2023).published
- Richardson v. Brookhart, No. 3:22-cv-03126 (C.D. Ill. May 15, 2023).
- Huff v. Monroe Cnty., No. 1:22-cv-00812 (S.D. Ind. Sept. 27, 2023).
- Gilmore v. Beveridge, No. 2:22-cv-02032 (D. Kan. Aug. 5, 2022).
- Progeny v. Wichita, No. 6:21-cv-01100 (D. Kan. Jan. 30, 2024).
- Sisters for Life, Inc. v. Louisville-Jefferson Cnty. Metro Gov't, No. 3:21-cv-00367 (W.D. Ky. Feb. 25, 2022).
- 3137, LLC v. Town of Harwich, No. 1:21-cv-10473 (D. Mass. Jan. 28, 2022).
- Finlayson v. Brewer, No. 2:19-cv-10884 (E.D. Mich. Mar. 4, 2022).
- Kutchinski v. Freeland Cmty. Sch. Dist., No. 1:19-cv-13810 (E.D. Mich. Aug. 4, 2022).
- Brown v. Albion, City of, No. 1:22-cv-01240 (W.D. Mich. May 15, 2024).
- North Carolina a. Philip Randolph Inst. v. North Carolina State Bd. of Elections, No. 1:20-cv-00876 (M.D.N.C. Apr. 22, 2024).
- Romantix-Fargo, Inc. v. City of Fargo, No. 3:22-cv-00183 (D.N.D. Aug. 4, 2023).
- Sierra Club, Inc. v. Granite Shore Power LLC, 2021 DNH 189P (D.N.H. 2021).published
- Local 8027, AFT-N.H., AFL-CIO v. Frank Edelblut, 2024 DNH 040 (D.N.H. 2024).published
- Commodity Futures Trading Comm'n v. Shak, No. 2:22-cv-01258 (D. Nev. Sept. 5, 2023).
- Sec. & Exch. Comm'n v. Ripple Labs Inc., 540 F. Supp. 3d 409 (S.D.N.Y. 2021).
- Brooklyn Branch of the Nat'l Ass'n for the Advancement of Colored People v. Kosinski, No. 1:21-cv-07667 (S.D.N.Y. Jan. 25, 2022).
- Sibley v. Watches, No. 6:19-cv-06517 (W.D.N.Y. July 20, 2021).
- Mt. Pleasant Blacktopping Co. v. Greene Cnty., No. 3:18-cv-00417, 2021 WL 718843 (S.D. Ohio Feb. 24, 2021).
- Davis v. Colerain Twp., 551 F. Supp. 3d 812 (S.D. Ohio 2021).published
- Shepherd v. Comm'r of Soc. Sec., No. 2:20-cv-06576 (S.D. Ohio Nov. 22, 2021).
- Oklahoma State Conf. of the NAACP v. O'Connor, 569 F. Supp. 3d 1145 (W.D. Okla. 2021).published
- Terry v. Drummond, 717 F. Supp. 3d 1106 (W.D. Okla. 2024).published
- Black Emergency Response Team v. OConnor, No. 5:21-cv-01022 (W.D. Okla. June 14, 2024).
- Total Real Est. Grp., LLC v. Strode, 588 F. Supp. 3d 1137 (D. Or. 2022).published
- Abolish Abortion Oregon v. City of Grants Pass, 593 F. Supp. 3d 1047 (D. Or. 2022).published
- Oregon Mfrs. & Com. v. Oregon Occupational Saf. & Health Div., No. 1:22-cv-00875 (D. Or. Dec. 20, 2022).
- United States v. Amerisourcebergen Corp., No. 2:22-cv-05209 (E.D. Pa. Nov. 6, 2023).
- Kenny v. Wilson, 566 F. Supp. 3d 447 (D.S.C. 2021).published
- Doe v. Lee, No. 3:21-cv-00010 (E.D. Tenn. Feb. 14, 2022).
- Freeman v. United States, No. 2:19-cv-00008 (E.D. Tenn. Jan. 20, 2023).
- Freeman v. United States, No. 2:19-cv-00008 (E.D. Tenn. Dec. 15, 2023).
- Gary Hicks v. Illinois Dep't of Corr., 109 F.4th 895 (7th Cir. 2024).published
- State of Tennessee v. Robert C. Clanton, No. M2023-01301-CCA-R3-CD (Tenn. Crim. App. Aug. 30, 2024).published
- State v. Howard, 529 P.3d 247 (Or. Ct. App. 2023).published
- Schuchardt v. City of Boise, No. 1:24-cv-00039 (D. Idaho Oct. 4, 2024).
- Reporters Comm. for Freedom of the Press v. Rokita, 751 F. Supp. 3d 931 (S.D. Ind. 2024).published
- Netchoice, LLC v. Fitch, 738 F. Supp. 3d 753 (S.D. Miss. 2024).published
- Ussery v. Cooper, No. 5:23-cv-00219 (E.D.N.C. June 20, 2024).
- Planned Parenthood South Atl. v. Stein, 742 F. Supp. 3d 472 (M.D.N.C. 2024).published
- Herridge v. Montgomery Cnty., No. 4:19-cv-04259 (S.D. Tex. Apr. 20, 2021).
- Burkhart v. Univ. Interscholastic League (UIL), No. 1:22-cv-01026 (W.D. Tex. Apr. 13, 2023).
- Williams v. Wofford, No. 2:20-cv-01477 (W.D. Wash. Nov. 2, 2021).
- Tucson v. City of Seattle, No. 2:23-cv-00017 (W.D. Wash. June 13, 2023).
- Sanchez v. Hill, No. 2:22-cv-00047 (D. Wyo. Apr. 15, 2022).
- Thorne v. Toledo, 2024-Ohio-5308, 256 N.E.3d 907.published
- Palomo v. Murphy, No. 2:23-cv-01036 (D.N.J. Nov. 26, 2024).
- Exclusive Capital Partners LLC v. City of Royal Oak, No. 366247 (Mich. Ct. App. Dec. 4, 2024).published
- State of New Jersey v. Lawrence Cohen, No. A-2404-22 (N.J. Super. Ct. App. Div. Dec. 9, 2024).unpublished
- Town of Duxbury v. Kessler - Decision on Motion, No. 23-ENV-00128 (Vt. Super. Ct. Dec. 9, 2024).published
- Simballa v. Ohio Dept. of Nat. Resources, 2024-Ohio-5888, 261 N.E.3d 402.published
- Bryan Range v. Attorney Gen. United States, 124 F.4th 218 (3d Cir. 2024).published
- United States v. Darrell Neely, 124 F.4th 937 (D.C. Cir. 2024).published
- United States v. Dahlquist, No. 2024-0443 (D.D.C. Jan. 15, 2025).published
- Lee v. Gulfport City Of, No. 8:23-cv-02996 (M.D. Fla. Jan. 22, 2025).
- United States v. Joseph Gray, No. 23-11335 (11th Cir. Feb. 11, 2025).unpublished
- Minnesota Chapter of Associated Builders & Contractors, Inc. v. Nicole Blissenbach, No. 0:25-cv-00550 (D. Minn. Mar. 5, 2025).
- Kumar v. Koester, 131 F. 4th 746 (9th Cir. 2025).published
- United States v. Study Across The Pond, LLC, No. 1:21-cv-10274 (D. Mass. Mar. 19, 2025).
- NetChoice, LLC v. Griffin, No. 5:23-cv-05105, 2025 WL 978607 (W.D. Ark. Mar. 31, 2025).
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- Swider 695973 v. Macauley, No. 1:25-cv-00531 (W.D. Mich. May 12, 2025).
- M.G. v. Towns, No. 1:24-cv-04051 (S.D.N.Y. May 16, 2025).
- State ex rel. CYFD v. Heather S. (N.M. Ct. App. 2021).unpublished
- People v. Munoz, No. A168292M (Cal. Ct. App. July 11, 2025).published
- Oregon Ass'n of Hospitals & Health Sys. v. State of Oregon, No. 24-3770 (9th Cir. July 3, 2025).unpublished
- Michael L. McLaughlin v. State of Alaska, No. S17917 (Alaska June 19, 2024).unpublished
- Zachary Hebb v. City of Asheville, 145 F.4th 421 (4th Cir. 2025).published
- Reporters Comm. for Freedom of the Press v. Todd Rokita, 147 F.4th 720 (7th Cir. 2025).published
- Nw. Success, Inc. v. City of Portland, No. 3:25-cv-00970 (D. Or. Aug. 15, 2025).
- Rupe v. City of Jacksboro, No. 24-10758 (5th Cir. Sept. 5, 2025).unpublished
- Freedom Path, Inc v. Internal Revenue Serv., No. 2020-1349 (D.D.C. Sept. 30, 2025).published
- Campus Crest at Tuscaloosa LLC v. City of Tuscaloosa, No. SC-2025-0020 (Ala. Oct. 3, 2025).published
- Nat'l Educ. Ass'n v. P United States Dep't of Educ., 779 F. Supp. 3d 149 (D.N.H. 2025).published
- Pers. Restraint Petition Of: Stephen Canter, 579 P.3d 1106 (Wash. Ct. App. 2025).published
- Bu v. State, 2025 OK CR 17, 579 P.3d 1044.published
- NetChoice, No. 5:25-cv-05140 (W.D. Ark. Dec. 15, 2025).
- People v. Fedrick, 2025 IL App (5th) 230212-U.unpublished
- Natl. Assoc. of Diversity Officers in Higher Edu. v. Donald Trump, 167 F.4th 86 (4th Cir. 2026).published
- Alaska Policy Forum v. Alaska Pub. Offices Comm'n, No. S18533 (Alaska Feb. 13, 2026).published
- Netchoice, LLC v. Bonta, 170 F.4th 744 (9th Cir. 2026).published
- Nethery, No. 3:24-cv-00058 (E.D. Ky. Mar. 18, 2026).
- Zachary Jabe Riley v. State of Texas, No. 13-23-00359-CR (Mar. 16, 2026).published
- Nw. Success, Inc. v. City of Portland, No. 3:25-cv-00970 (D. Or. Apr. 7, 2026).
- Frontier Airlines v. Dep't of Homeland Sec., 173 F.4th 1158 (10th Cir. 2026).published
- Kayla Smiley v. Katie Jenner, 173 F.4th 865 (7th Cir. 2026).published
- Jesse Johnson v. City of Phoenix, No. 2:25-cv-01300 (D. Ariz. Mar. 23, 2026).
- Flight Options, LLC v. United States, 177 F.4th 709 (6th Cir. 2026).published
- Marriage of Cantar, No. 25CA1331 (Colo. Ct. App. May 28, 2026).unpublished
- Derek Hundley v. Dee Dee Brookhart, 178 F.4th 353 (7th Cir. 2026).published
- Scocozzo, No. 3:24-cv-01748 (M.D. Pa. July 13, 2026).
- Brookhart, No. 3:22-cv-03126 (C.D. Ill. Aug. 28, 2026).
- State Of Washington, V. Timothy Allan Brown, No. 88068-3 (Wash. Ct. App. Sept. 28, 2026).unpublished
- Roger Turunen v. Dep't of Nat. resources/Dir., No. 350913 (Mich. Ct. App. Mar. 18, 2021).published
- Kenneth R. Heyman v. Molly Cooper, 31 F.4th 1315 (11th Cir. 2022).published
- Ed Butcher v. Austin Knudsen, 38 F.4th 1163 (9th Cir. 2022).published
- People v. Allen, 213 A.D.3d 73 (N.Y. App. Div. 1st Dep't 2023).published
- Carpenter v. Super. Ct., 93 Cal. App. 5th 1279 (Cal. Ct. App. 2023).published
- Cartesian Co. v. Div. of Admin. Law Ethics Adjudicatory Bd. Panel a & the Louisiana Bd. of Ethics, 371 So. 3d 1041 (La. 2023).published
- New Jersey Real Est. Comm'n v. Richard A. Karpf, No. A-3654-21 (N.J. Super. Ct. App. Div. Apr. 1, 2024).unpublished
- Feiza v. Illinois Law Enf't Training & Standards Bd., No. 1:23-cv-01905 (N.D. Ill. Sept. 26, 2023).
- Kindrow v. Benson, No. 3:21-cv-10968 (E.D. Mich. Nov. 19, 2021).
- Brady v. Tamburini, 518 F. Supp. 3d 570 (D.R.I. 2021).published
- Jackson v. Rausch, No. 3:19-cv-00377 (E.D. Tenn. Nov. 17, 2021).
- Hiers v. Wright, No. 4:20-cv-00321 (E.D. Tex. Mar. 11, 2022).
- United States v. Yousef Mohammad Ramadan, No. 24-1167 (6th Cir. Sept. 11, 2024).unpublished
- Dream Defenders v. Governor of the State of Florida, 119 F.4th 872 (11th Cir. 2024).published
- Wright v. Marshall Cnty. Alabama, 752 F. Supp. 3d 1244 (N.D. Ala. 2024).published
- Susman Godfrey LLP v. Exec. Off. of the President, No. 2025-1107 (D.D.C. June 27, 2025).published
- Schuchardt v. City of Boise, No. 1:24-cv-00039 (D. Idaho Aug. 25, 2025).
- Accurso, No. 3:23-cv-02888 (N.D. Tex. Oct. 29, 2025).
- State v. Trombley, 2026 MT 59, 586 P.3d 296.published
- Fayetteville Pub. Library v. Todd Murray, No. 25-1146, 25-2211 (8th Cir. July 30, 2026).published
- Commonwealth v. Abramms, 849 N.E.2d 867 (Mass. App. Ct. 2006).published“laws must provide explicit standards for those who apply them”
- State v. Delvallie, 2021-Ohio-1809, 173 N.E.3d 544.published“because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act acco…”
- United States v. Birbragher, 603 F.3d 478 (8th Cir. 2010).published“[L]aws [must] give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning.”
- Women's Med. Prof'l Corp. v. Voinovich, 911 F. Supp. 1051 (S.D. Ohio 1995).published“we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly”
- Bell Atl.-Washington, D.C., Inc. v. Pub. Serv. Comm'n of the Dist. of Columbia, 767 A.2d 262 (D.C. 2001).published“if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them”
- Smith v. State, 927 P.2d 14 (Nev. 1996).published“It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.”
- United States v. Bohai Trading Co., 45 F.3d 577 (1st Cir. 1995).published“It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are' not clearly defined.”
- Ridley v. Massachusetts Bay Transp. Auth., 390 F.3d 65 (1st Cir. 2004).published“[I]f arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them.”
- State v. Wheatley, 94 N.E.3d 578 (Oh. Ct. App. 4th Dist. Hocking 2018).published“because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act acco…”
- United States v. Theodore v. Anzalone, 766 F.2d 676 (1st Cir. 1985).published“[L]aws [must] give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.”
- Commonwealth v. Herman, J., 161 A.3d 194 (Pa. 2017).published“Vague laws may trap the innocent by not providing fair warning.”
- United States v. Thomas Luke Guagliardo, 278 F.3d 868 (9th Cir. 2002).published“we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited so that he may act accordingly”
- Cunney v. Bd. of Trs., 56 F. Supp. 3d 470 (S.D.N.Y. 2014).published“It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.”
- Dallman v. Ritter, 225 P.3d 610 (Colo. 2010).published“[Blecause we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act ac…”
- Common Sense All. v. Davidson, 995 P.2d 748 (Colo. 2000).published“[B]ecause we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act ac…”
- United States v. Private Sanitation Indus. Ass'n of Nassau, 793 F. Supp. 1114 (E.D.N.Y. 1992).published“It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.”
- United States v. Guy Earl Buckalew, 859 F.2d 1052 (1st Cir. 1988).published“[L]aws [must] give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.”
- United States v. Llantada, 815 F.3d 679 (10th Cir. 2016).published“[W]e insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly”
- Lifchez v. Hartigan, 735 F. Supp. 1361 (N.D. Ill. 1990).published“Vague laws may trap the innocent by not providing fair warning.”
- United States v. Ronnie Dean Purdy, 264 F.3d 809 (9th Cir. 2001).published“It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.”
- United States v. Andre L. Jones, 689 F.3d 696 (7th Cir. 2012).published“[A]n enactment is void for vagueness if its prohibitions are not clearly defined.”
- Snap! Mobile v. Vertical Raise, 544 P.3d 714 (Idaho 2024).published“An order too vague to understand contravenes due process standards: It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.”
- Teen Ranch v. Udow, 389 F. Supp. 2d 827 (W.D. Mich. 2005).published“It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.”
- Chapdelaine v. Neronha, 662 F. Supp. 3d 167 (D.R.I. 2023).published“[Wle insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.”
- Delaney v. Bartlett, 370 F. Supp. 2d 373 (M.D.N.C. 2004).published“[I]f arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them.”
- Barker v. Hazeltine, 3 F. Supp. 2d 1088 (D.S.D. 1998).published“[I]f arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them.”
- New Jersey Freedom Org. v. City of New Brunswick, 7 F. Supp. 2d 499 (D.N.J. 1997).published“[i]t is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined”
- United States v. Scott Adkins, 743 F.3d 176 (7th Cir. 2014).published“[W]e insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.”
At page 110 Determining ordinance meaning without mathematical certainty385 citing casesCondemned to the use of words, we can never expect mathematical certainty in our language.
- State v. Gutierrez, 2020-NMCA-045, 472 P.3d 1260.published (recognizing that words do not provide mathematical certainty and sometimes require the application of a qualitative standard)
- Shamrock Hills, LLC v. State of Iowa, No. 25-2991 (8th Cir. Aug. 12, 2026).published(Condemned to the use of words, we can never expect mathematical certainty from our language.)
- Students v. Paxton, No. 25-51073 (5th Cir. June 4, 2026).(Condemned to the use of words, we can never expect mathematical certainty in our language.)
- Slinkard v. Indep. Sch. Dist. No. 1 of Tulsa Cnty., No. 4:23-cv-00354 (N.D. Okla. Mar. 31, 2025). See, e.g., Callaway v. City of Edmond, 791 P.2d 104 , 106 n.1 (Okla. Crim. App. 1990) (Oklahoma’s “due process clause in Art. 2 Sec. 7 has a definitional range that is coextensive with its federal counterpart.”). 6 See, e.g., Grayned, 408…
- Bole v. Oldham Cnty. Bd. of Educ., No. 3:24-cv-00051 (W.D. Ky. Sept. 11, 2024). (Condemned to the use of words, we can never expect mathematical certainty from our language.)
- Oregon Ass'n of Hospitals & Health Sys. v. State of Oregon, 734 F. Supp. 3d 1139 (D. Or. 2024).published (Condemned to the use of words, we can never expect mathematical certainty from our language.)
- United States v. Donald Trump, 88 F.4th 990 (D.C. Cir. 2023).published (Condemned to the use of words, we can never expect mathematical certainty from our language.)
- Benson Road Site Plan & Condition Use - Decision on Motion, No. 20-ENV00023 (Vt. Super. Ct. Dec. 2, 2021).published(Condemned to the use of words, we can never expect mathematical certainty from our language.)
- Ostrewich v. Trautman, No. 4:19-cv-00715 (S.D. Tex. Sept. 14, 2021). See also Grayned, 408 U.S. at 114 (“Because overbroad laws, like vague ones, deter privileged activity, our cases firmly establish appellant’s standing to raise an overbreadth challenge.”).
- Ex Parte James Burke Jarreau, 623 S.W.3d 468 (Tex. App.—San Antonio 2020).published (Condemned to the use of words, we can never expect mathematical certainty from our language.)
Show 198 more citing cases
- Jones v. Desantis, 462 F. Supp. 3d 1196 (N.D. Fla. 2019).published(Condemned to the use of words, we can never expect mathematical certainty from our language.)
- Edith Milestone v. City of Monroe, 665 F.3d 774 (7th Cir. 2011).published
- United States v. Louis Agront, Sr., 773 F.3d 192 (9th Cir. 2014).published
- Gaughan v. City of Cleveland, 212 F. App'x 405 (6th Cir. 2007).unpublished
- March v. Frey, 458 F. Supp. 3d 16 (D. Me. 2020).published
- Frese v. Formella, 53 F.4th 1 (1st Cir. 2022).published
- Sisters for Life, Inc. v. Louisville-Jefferson Cnty. Metro Gov't, No. 3:21-cv-00367 (W.D. Ky. Feb. 25, 2022).
- Alaska Policy Forum v. Alaska Pub. Offices Comm'n, No. S18533 (Alaska Feb. 13, 2026).published
- Jesse Johnson v. City of Phoenix, No. 2:25-cv-01300 (D. Ariz. Mar. 23, 2026).
- Human Life of Washington, Inc. v. Chair Bill Brumsickle, 624 F.3d 990 (9th Cir. 2010).published
- Powell's Books, Inc. v. Myers, 599 F. Supp. 2d 1226 (D. Or. 2008).published
- State ex rel. City of Providence v. Auger, 44 A.3d 1218 (R.I. 2012).published
- Serv. Employees Int'l Union v. City of Houston, 542 F. Supp. 2d 617 (S.D. Tex. 2008).published
- Davis v. Billington, 775 F. Supp. 2d 23 (D.D.C. 2011).published
- Lowden v. Cnty. of Clare, 709 F. Supp. 2d 540 (E.D. Mich. 2010).published
- Commonwealth v. Herman, J., 161 A.3d 194 (Pa. 2017).published
At page 109 Analyzing vagueness doctrine and first amendment chilling effect229 citing cases“a vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application.”
- Merriott v. City of Bossier City, 179 F.4th 393 (5th Cir. 2026).published See Grayned, 408 U.S. at 108-09 (“A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory applic…
- L.A. Police Prot. League v. City of L.A., No. S275272M (Cal. Jan. 22, 2026).published(where a vague statute ‘abut[s] upon sensitive areas of basic First Amendment freedoms,’ it ‘operates to inhibit the exercise of [those] freedoms.’ Uncertain meanings inevitably lead citizens to ‘ “steer far wider of th…)
- d/b/a Red River Women’s Clinic v. Wrigley, 2025 ND 199.published (Therefore, to determine whether Farrell may bring his facial vagueness challenge, we must first determine whether the Special Condition will have a substantial chilling effect on protected conduct.)
- L.A. Police Prot. League v. City of L.A., No. S275272 (Cal. Nov. 10, 2025).published(where a vague statute ‘abut[s] upon sensitive areas of basic First Amendment freedoms,’ it ‘operates to inhibit the exercise of [those] freedoms.’ Uncertain meanings inevitably lead citizens to ‘ “steer far wider of th…)
- Theis v. Intermountain Educ. Serv. Dist. Bd. of Directors, No. 2:25-cv-00865 (D. Or. Aug. 20, 2025).(Uncertain meanings inevitably lead citizens to steer far wider of the unlawful zone than if the boundaries of the forbidden areas were clearly marked.)
- In re Pers. Restraint of Ansell, 533 P.3d 875 (Wash. 2023).published Young, 520 U.S. at 150 ; Grayned, 408 U.S. at 108 (“[W]e insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.”).
- Local 8027, AFT-New Hampshire, AFL-CIO v. NH Dep't of Educ., 665 F. Supp. 3d 215 (D.N.H. 2023).published See Grayned, 408 U.S. at 108 (“[I]f arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them.”).
- Local 8027, AFT-N.H., AFL-CIO v. Frank Edelblut, 651 F. Supp. 3d 444 (D.N.H. 2023).published See Grayned, 408 U.S. at 108 (“[I]f arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them.”).
- Comm'n for Lawyer Discipline v. Benton, 980 S.W.2d 425 (Tex. 1998).published
- Sundance v. Mun. Court, 729 P.2d 80 (Cal. 1986).published
Show 176 more citing cases
- Eanes v. State, 569 A.2d 604 (Md. 1990).published
- Gaughan v. City of Cleveland, 212 F. App'x 405 (6th Cir. 2007).unpublished
- Memphis Ctr. for Reprod. Health v. Herbert Slatery, III, 14 F.4th 409 (6th Cir. 2021).published
- Coley-Pearson v. Martin, 689 F. Supp. 3d 1339 (S.D. Ga. 2023).published
- Local 8027, AFT-N.H., AFL-CIO v. Frank Edelblut, 2024 DNH 040 (D.N.H. 2024).published
- Kenny v. Wilson, 566 F. Supp. 3d 447 (D.S.C. 2021).published
- Sanchez v. Hill, No. 2:22-cv-00047 (D. Wyo. Apr. 15, 2022).
- Nat'l Ass'n for the Advancement of Colored People v. U.S. Dep't of Educ., 779 F. Supp. 3d 53 (D.D.C. 2025).published
- Nat'l Educ. Ass'n v. P United States Dep't of Educ., 779 F. Supp. 3d 149 (D.N.H. 2025).published
- United States v. Rodriguez, 558 F.3d 408 (5th Cir. 2009).published
- DA Mortg., Inc. v. City of Miami Beach, 486 F.3d 1254 (11th Cir. 2007).published
- Fox Television Stations, Inc. v. Fed. Commc'ns Comm'n, 613 F.3d 317 (2d Cir. 2010).published
- United States v. Evans, 318 F.3d 1011 (10th Cir. 2003).published
- Human Life of Washington, Inc. v. Chair Bill Brumsickle, 624 F.3d 990 (9th Cir. 2010).published
- United States v. David Hilton, 167 F.3d 61 (1st Cir. 1999).published
- M.S. News Co. v. Casado, 721 F.2d 1281 (10th Cir. 1983).published
- Waldron v. Mcatee, 723 F.2d 1348 (7th Cir. 1983).published
- Master Printers of Am. v. Donovan, 751 F.2d 700 (4th Cir. 1984).published
- Leonard James McSherry v. Sherman Block, 880 F.2d 1049 (9th Cir. 1989).published
- Daiva Richardson v. City of South Euclid Arnold C. D'Amico Jack Clifford James Farrell & John Doe, 904 F.2d 1050 (6th Cir. 1990).published
- Planned Parenthood v. Minnesota, 910 F.2d 479 (8th Cir. 1990).published
- Schleifer ex rel. Schleifer v. City of Charlottesville, 159 F.3d 843 (4th Cir. 1998).published
- Clay Chatin v. Comm'r P. Coombe, Jr., 186 F.3d 82 (2d Cir. 1999).published
- Watchtower Bible & Tract Soc'y of New York, Inc. Wellsville v. Vill. of Stratton, 240 F.3d 553 (6th Cir. 2001).published
- California Teachers Ass'n v. State Bd. of Educ., 263 F.3d 888 (9th Cir. 2001).published
- California Teachers Ass'n v. State Bd. of Educ., 271 F.3d 1141 (9th Cir. 2001).published
- Edward Vega v. Floyd H. Miller, 273 F.3d 460 (2d Cir. 2001).published
- State v. Stanko, 1998 MT 321, 974 P.2d 1132.published
- Vill. of Ruidoso v. Warner, 2012-NMCA-035, 274 P.3d 791.published
- John McGlone v. Jimmy Cheek, 534 F. App'x 293 (6th Cir. 2013).unpublished
- Boyd v. Cnty. of Henrico, 592 S.E.2d 768 (Va. Ct. App. 2004).published
- City of Bellevue v. Lorang, 992 P.2d 496 (Wash. 2000).published
- City of Seattle v. Eze, 727 P.2d 262 (Wash. Ct. App. 1986).published
- Hall v. State, 485 S.E.2d 755 (Ga. 1997).published
- United States v. Maloney, 513 F.3d 350 (3d Cir. 2008).published
- Walker v. Superior Court, 763 P.2d 852 (Cal. 1988).published
- Plymouth Charter Twp. v. Hancock, 600 N.W.2d 380 (Mich. Ct. App. 1999).published
- Sale ex rel. Sale v. Goldman, 539 S.E.2d 446 (W. Va. 2000).published
- Coleman v. City of Richmond, 364 S.E.2d 239 (Va. Ct. App. 1988).published
- State v. Boyer, 512 S.E.2d 605 (Ga. 1999).published
- State v. W., 812 P.2d 987 (Ariz. 1991).published
- Reproductive Health Servs. v. Webster, 662 F. Supp. 407 (W.D. Mo. 1987).published
- Howard v. State, 527 S.E.2d 194 (Ga. 2000).published
- Reproductive Health Servs. v. Webster, 655 F. Supp. 1300 (W.D. Mo. 1987).published
- Gen. Media Commc'ns, Inc. v. Perry, 952 F. Supp. 1072 (S.D.N.Y. 1997).published
- LoFranco v. United States Parole Comm'n, 986 F. Supp. 796 (S.D.N.Y. 1997).published
- Ku Klux Klan v. Martin Luther King Worshippers, 735 F. Supp. 745 (M.D. Tenn. 1990).published
- League of Women Voters of Florida v. Browning, 575 F. Supp. 2d 1298 (S.D. Fla. 2008).published
- VIP OF BERLIN, LLC v. Town of Berlin, 644 F. Supp. 2d 151 (D. Conn. 2009).published
- Ellis v. O'Hara, 612 F. Supp. 379 (E.D. Mo. 1985).published
- Hope Clinic v. Ryan, 995 F. Supp. 847 (N.D. Ill. 1998).published
- Stephens v. Kemp, 602 F. Supp. 960 (M.D. Ga. 1984).published
- State v. Kahles, 644 So. 2d 512 (Fla. 4th DCA 1994).published
- Keeffe v. Library of Cong., 588 F. Supp. 778 (D.D.C. 1984).published
- Sabelko v. City of Phoenix, 846 F. Supp. 810 (D. Ariz. 1994).published
- United States v. Forbes, 806 F. Supp. 232 (D. Colo. 1992).published
- Veneklase v. City of Fargo, 904 F. Supp. 1038 (D.N.D. 1995).published
- United States v. Polizzi, 549 F. Supp. 2d 308 (E.D.N.Y. 2008).published
- Nordgren v. Hafter, 616 F. Supp. 742 (S.D. Miss. 1985).published
- Pazden v. NJ State Parole Bd., 864 A.2d 1136 (N.J. Super. Ct. App. Div. 2005).published
- Powell's Books, Inc. v. Myers, 599 F. Supp. 2d 1226 (D. Or. 2008).published
- Fam. Plan. Clinic, Inc. v. City of Cleveland, 594 F. Supp. 1410 (N.D. Ohio 1984).published
- Buckley v. Illinois Jud. Inquiry Bd., 801 F. Supp. 83 (N.D. Ill. 1992).published
- Springfield v. San Diego Unified Port Dist., 950 F. Supp. 1482 (S.D. Cal. 1996).published
- Cortes v. City of Houston, 536 F. Supp. 2d 783 (S.D. Tex. 2008).published
- Planned Parenthood League of Massachusetts, Inc. v. Operation Rescue, 550 N.E.2d 1361 (Mass. 1990).published
- Equality Found. of Greater Cincinnati, Inc. v. City of Cincinnati, 860 F. Supp. 417 (S.D. Ohio 1994).published
- In re Christina A., 213 Cal. App. 3d 1073 (Cal. Ct. App. 1989).published
- United States v. Hagen, 782 F. Supp. 1351 (D. Neb. 1991).published
- Leibowitz v. City of Mineola, Tex., 660 F. Supp. 2d 775 (E.D. Tex. 2009).published
- State ex rel. City of Providence v. Auger, 44 A.3d 1218 (R.I. 2012).published
- Serv. Employees Int'l Union v. City of Houston, 542 F. Supp. 2d 617 (S.D. Tex. 2008).published
- Ferguson Police Officers Ass'n v. City of Ferguson, 670 S.W.2d 921 (Mo. Ct. App. 1984).published
- Bradley v. State ex rel. White, 990 S.W.2d 245 (Tex. 1999).published
- Fratiello v. Mancuso, 653 F. Supp. 775 (D.R.I. 1987).published
- Video Software Dealers Ass'n v. Maleng, 325 F. Supp. 2d 1180 (W.D. Wash. 2004).published
- Gray v. Kohl, 568 F. Supp. 2d 1378 (S.D. Fla. 2008).published
- Ramos ex rel. Ramos v. Town of Vernon, 48 F. Supp. 2d 176 (D. Conn. 1999).published
- Sanchez v. State, 974 S.W.2d 307 (Tex. App.—San Antonio 1998).published
- Wilson v. Cnty. of Cook, 2012 IL 112026, 968 N.E.2d 641.published
- Crites v. Smith, 826 S.W.2d 459 (Tenn. Ct. App. 1991).published
- Seidman v. Paradise Valley Unified Sch. Dist. No. 69, 327 F. Supp. 2d 1098 (D. Ariz. 2004).published
- XXL of Ohio, Inc. v. City of Broadview Heights, 341 F. Supp. 2d 765 (N.D. Ohio 2004).published
- Davis v. Billington, 775 F. Supp. 2d 23 (D.D.C. 2011).published
- Lowden v. Cnty. of Clare, 709 F. Supp. 2d 540 (E.D. Mich. 2010).published
- Boyles v. City of Topeka, 21 P.3d 974 (Kan. 2001).published
- Ed Butcher v. Austin Knudsen, 38 F.4th 1163 (9th Cir. 2022).published
- Susman Godfrey LLP v. Exec. Off. of the President, No. 2025-1107 (D.D.C. June 27, 2025).published
- Lifchez v. Hartigan, 735 F. Supp. 1361 (N.D. Ill. 1990).published
At page 114 Analyzing overbreadth and vagueness of criminal statutes179 citing casesBecause overbroad laws, like vague ones, deter privileged activity, our cases firmly establish appellant’s standing to raise an overbreadth challenge.
- Griffin v. Dep't of Vets. Affairs, 274 F.3d 818 (4th Cir. 2001).published But see Grayned v. City of Rockford, 408 U.S. 104, 114-15 , 92 S.Ct. 2294 , 33 L.Ed.2d 222 (1972).
- Slinkard v. Indep. Sch. Dist. No. 1 of Tulsa Cnty., No. 4:23-cv-00354 (N.D. Okla. Mar. 31, 2025). See, e.g., Callaway v. City of Edmond, 791 P.2d 104 , 106 n.1 (Okla. Crim. App. 1990) (Oklahoma’s “due process clause in Art. 2 Sec. 7 has a definitional range that is coextensive with its federal counterpart.”). 6 See, e.g., Grayned, 408…
- In re Pers. Restraint of Ansell, 533 P.3d 875 (Wash. 2023).published Young, 520 U.S. at 150 ; Grayned, 408 U.S. at 108 (“[W]e insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.”).
- United States v. Rehl, No. 2021-0175 (D.D.C. Dec. 28, 2021).published See Grayned, 408 U.S. at 116 (“[W]here demonstrations turn violent, they lose their protected quality as expression under the First Amendment.”); Cam- eron v. Johnson, 390 U.S. 611, 617 (1968) (government may punish physical obstruction);…
- Ostrewich v. Trautman, No. 4:19-cv-00715 (S.D. Tex. Sept. 14, 2021). (Because overbroad laws, like vague ones, deter privileged activity, our cases firmly establish appellant’s standing to raise an overbreadth challenge.)
- State v. Anderson & State v. Wilson, 2021-NMCA-031, 493 P.3d 434.published(As always, enforcement [of a criminal statute] requires the exercise of some degree of police judgment.)
- James Henderson v. Mark McMurray, 987 F.3d 997 (11th Cir. 2021).published(A clear and precise enactment may nevertheless be ‘overbroad’ if in its reach it prohibits constitutionally protected conduct.)
- Ex Parte James Burke Jarreau, 623 S.W.3d 468 (Tex. App.—San Antonio 2020).published When presented with a facial vagueness challenge, “perfect clarity and precise guidance have never been required.” Ex parte Ellis, 309 S.W.3d 71, 86 (Tex. Crim. App. 2010); see Dimaya, 138 S. Ct. at 1214 (“Many perfectly constitutional sta…
- United States v. William Thomas, United States of Am. v. Ellen Thomas, 864 F.2d 188 (D.C. Cir. 1988).published
- City of Madison v. Baumann, 455 N.W.2d 647 (Wis. Ct. App. 1990).published
Show 163 more citing cases
- Eanes v. State, 569 A.2d 604 (Md. 1990).published
- Diamond \D\" Construrction Corp. v. New York State Dep't of Labor (\"Dol\") Bureau of Pub. Works", 142 F. Supp. 2d 377 (W.D.N.Y. 2001).published
- United States v. Louis Agront, Sr., 773 F.3d 192 (9th Cir. 2014).published
- People of Michigan v. John MacAuley Burkman, 15 N.W.3d 216 (Mich. 2024).published
- Jesse Johnson v. City of Phoenix, No. 2:25-cv-01300 (D. Ariz. Mar. 23, 2026).
- M.S. News Co. v. Casado, 721 F.2d 1281 (10th Cir. 1983).published
- Planned Parenthood League of Massachusetts, Inc. v. Operation Rescue, 550 N.E.2d 1361 (Mass. 1990).published
- State ex rel. City of Providence v. Auger, 44 A.3d 1218 (R.I. 2012).published
- Fratiello v. Mancuso, 653 F. Supp. 775 (D.R.I. 1987).published
- Davis v. Billington, 775 F. Supp. 2d 23 (D.D.C. 2011).published
- Lowden v. Cnty. of Clare, 709 F. Supp. 2d 540 (E.D. Mich. 2010).published
- Boyles v. City of Topeka, 21 P.3d 974 (Kan. 2001).published
- Survivors Network of those Abused by Priests, Inc. v. Joyce, 941 F. Supp. 2d 1078 (E.D. Mo. 2013).published
- State v. Schoner, 591 P.2d 1305 (Ariz. Ct. App. 1979).published
- Ketchens v. Reiner, 194 Cal. App. 3d 470 (Cal. Ct. App. 1987).published
- Artistic Ent., Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000).published
- Carey v. Brown, 447 U.S. 455 (1980).published
- Mom N Pops, Inc. v. City of Charlotte, 979 F. Supp. 372 (W.D.N.C. 1997).published
At page 116 Determining reasonable time, place, and manner restrictions136 citing casesThe crucial question is whether the manner of expression is basically incompatible with the normal activity of a particular place at a particular time.
- City of Lakewood v. Plain Dealer Publ'g Co., 486 U.S. 750 (1988).published But see Grayned, 408 U. S., at 113 (implying that a law banning excessively loud demonstrations was not facially invalid because its terms could not invite "subjective or discriminatory enforcement"). *769 Moreover, we have never countenan…
- Sernoffsky v. Novak, 773 F. Supp. 3d 988 (S.D. Cal. 2025).published ([W]here demonstrations turn violent, they lose their protected quality as 12 expression under the First Amendment.)
- Puente v. City of Phoenix, 123 F.4th 1035 (9th Cir. 2024).published ([W]here demonstrations turn violent, they lose their protected quality as expression under the First Amendment.)
- United States v. Bray, No. 2023-0306 (D.D.C. Aug. 8, 2024).published([W]here demonstrations turn violent, they lose their protected quality as expression under the First Amendment.)
- United States v. Tarrio, No. 2021-0175 (D.D.C. Dec. 11, 2022).published([W]here demonstrations turn violent, they lose their protected quality as expression under the First Amendment.)
- United States v. Rehl, No. 2021-0175 (D.D.C. Dec. 28, 2021).published ([W]here demonstrations turn violent, they lose their protected quality as expression under the First Amendment.)
- Waldrop el al v. City of Johnson City, 503 F. Supp. 3d 570 (E.D. Tenn. 2020).published(The crucial question is whether the manner of expression is basically incompatible with the normal activity of a particular place at a particular time.)
- Spears v. Arizona Bd. of Regents, No. 4:18-cv-00126 (D. Ariz. Aug. 21, 2019). Grayned v. City of Rockford, 408 U.S. 104, 108 (1972) (“It is a basic principle of due 26 process that an enactment is void for vagueness if its prohibitions are not clearly defined.”). 27 The policy provided notice to persons of ordinary…
- Planned Parenthood Shasta-Diablo, Inc. v. Williams, 873 P.2d 1224 (Cal. 1994).published
- State v. Catalano, 104 So. 3d 1069 (Fla. 2012).published
Show 126 more citing cases
- Zachary Hebb v. City of Asheville, 145 F.4th 421 (4th Cir. 2025).published
- M.S. News Co. v. Casado, 721 F.2d 1281 (10th Cir. 1983).published
- Watchtower Bible & Tract Soc'y of New York, Inc. Wellsville v. Vill. of Stratton, 240 F.3d 553 (6th Cir. 2001).published
- State ex rel. City of Providence v. Auger, 44 A.3d 1218 (R.I. 2012).published
- Serv. Employees Int'l Union v. City of Houston, 542 F. Supp. 2d 617 (S.D. Tex. 2008).published
- In re Amir X.S., 639 S.E.2d 144 (S.C. 2006).published
- Nos. 86-4102, 86-4140, 859 F.2d 681 (9th Cir. 1988).published
- Klebanoff v. McMonagle, 552 A.2d 677 (Pa. 1988).published
- Portland Feminist Women's Health Ctr. v. Advocates for Life, Inc., 859 F.2d 681 (9th Cir. 1988).published
- Mom N Pops, Inc. v. City of Charlotte, 979 F. Supp. 372 (W.D.N.C. 1997).published
- Gary Reeves v. Jim McConn, 631 F.2d 377 (5th Cir. 1980).published
- Taxpayers for Vincent v. Members of the City Council of Los Angeles, 682 F.2d 847 (9th Cir. 1982).published
- United States v. Kokinda, 497 U.S. 720 (1990).published
- Concerned Jewish Youth v. McGuire, 621 F.2d 471 (2d Cir. 1980).published
- Braxton v. Mun. Court, 514 P.2d 697 (Cal. 1973).published
- Grady v. Unified Gov't of Athens-clarke, 715 S.E.2d 148 (Ga. 2011).published
- Gary Bowman v. John A. White, 444 F.3d 967 (8th Cir. 2006).published“The nature of a place, the pattern of its normal activities, dictate the kinds of regulations of time, place, and manner that are reasonable.”
At page 112 Statutes specific to context provide fair notice77 citing casesWe do not have here a vague, general ʻbreach of the peace’ ordinance, but a statute written specifically for the school context, where the prohibited disturbances are easily measured by their impact on the normal activities of the school.
- Slinkard v. Indep. Sch. Dist. No. 1 of Tulsa Cnty., No. 4:23-cv-00354 (N.D. Okla. Mar. 31, 2025). (We do not have here a vague, general ʻbreach of the peace’ ordinance, but a statute written specifically for the school context, where the prohibited disturbances are easily measured by their impact on the normal activ…)
- Commonwealth of Virginia v. Sean Holmes, No. 1404232 (Va. Ct. App. Mar. 27, 2024).unpublished (We do not have here a vague, general ‘breach of the peace’ ordinance, but a statute written specifically for the school context, where the prohibited disturbances are easily measured by their impact on the normal activ…)
- Ostrewich v. Trautman, No. 4:19-cv-00715 (S.D. Tex. Sept. 14, 2021). See also Grayned, 408 U.S. at 114 (“Because overbroad laws, like vague ones, deter privileged activity, our cases firmly establish appellant’s standing to raise an overbreadth challenge.”).
- Comm'n for Lawyer Discipline v. Benton, 980 S.W.2d 425 (Tex. 1998).published
- United States v. Cutler, 815 F. Supp. 599 (E.D.N.Y. 1993).published
- United States v. Louis Agront, Sr., 773 F.3d 192 (9th Cir. 2014).published
- March v. Frey, 458 F. Supp. 3d 16 (D. Me. 2020).published
- Kenny v. Wilson, 566 F. Supp. 3d 447 (D.S.C. 2021).published
- California Teachers Ass'n v. State Bd. of Educ., 263 F.3d 888 (9th Cir. 2001).published
- California Teachers Ass'n v. State Bd. of Educ., 271 F.3d 1141 (9th Cir. 2001).published
Show 61 more citing cases
- Planned Parenthood League of Massachusetts, Inc. v. Operation Rescue, 550 N.E.2d 1361 (Mass. 1990).published
- State ex rel. City of Providence v. Auger, 44 A.3d 1218 (R.I. 2012).published
- Seidman v. Paradise Valley Unified Sch. Dist. No. 69, 327 F. Supp. 2d 1098 (D. Ariz. 2004).published
- Boyles v. City of Topeka, 21 P.3d 974 (Kan. 2001).published
- Wiemerslage ex rel. Wiemerslage v. Maine Twp. High Sch. Dist. 207, 824 F. Supp. 136 (N.D. Ill. 1993).published
- Survivors Network of those Abused by Priests, Inc. v. Joyce, 941 F. Supp. 2d 1078 (E.D. Mo. 2013).published
- State v. Schoner, 591 P.2d 1305 (Ariz. Ct. App. 1979).published
- Ketchens v. Reiner, 194 Cal. App. 3d 470 (Cal. Ct. App. 1987).published
- Wolfe v. George, 385 F. Supp. 2d 1004 (N.D. Cal. 2005).published
At page 115 Balancing free speech with time, place, and manner restrictions66 citing cases[T]wo parades cannot march on the same street simultaneously, and government may allow only one.
- City of Lakewood v. Plain Dealer Publ'g Co., 486 U.S. 750 (1988).published But see Grayned, 408 U. S., at 113 (implying that a law banning excessively loud demonstrations was not facially invalid because its terms could not invite "subjective or discriminatory enforcement"). *769 Moreover, we have never countenan…
- Meredith Logan Whitehurst v. Town of Sullivan's Island, 919 S.E.2d 402 (S.C. 2025).published (Clearly, government has no power to restrict [speech] because of its message.)
- Slinkard v. Indep. Sch. Dist. No. 1 of Tulsa Cnty., No. 4:23-cv-00354 (N.D. Okla. Mar. 31, 2025). See, e.g., Callaway v. City of Edmond, 791 P.2d 104 , 106 n.1 (Okla. Crim. App. 1990) (Oklahoma’s “due process clause in Art. 2 Sec. 7 has a definitional range that is coextensive with its federal counterpart.”). 6 See, e.g., Grayned, 408…
- Harbourside Place, LLc v. Town of Jupiter, 958 F.3d 1308 (11th Cir. 2020).published([T]wo parades cannot march on the same street simultaneously, and government may allow only one.)
- Peta v. Rasmussen, 298 F.3d 1198 (10th Cir. 2002).published
- PeTA, People for the Ethical Treatment of Animals v. Rasmussen, 298 F.3d 1198 (10th Cir. 2002).published
- State ex rel. City of Providence v. Auger, 44 A.3d 1218 (R.I. 2012).published
- Serv. Employees Int'l Union v. City of Houston, 542 F. Supp. 2d 617 (S.D. Tex. 2008).published
- Lowden v. Cnty. of Clare, 709 F. Supp. 2d 540 (E.D. Mich. 2010).published
- Erznoznik v. City of Jacksonville, 422 U.S. 205 (1975).published
Show 54 more citing cases
- Wiemerslage ex rel. Wiemerslage v. Maine Twp. High Sch. Dist. 207, 824 F. Supp. 136 (N.D. Ill. 1993).published
- Ketchens v. Reiner, 194 Cal. App. 3d 470 (Cal. Ct. App. 1987).published
- Wolfe v. George, 385 F. Supp. 2d 1004 (N.D. Cal. 2005).published
- March v. Mills, 867 F.3d 46 (1st Cir. 2017).published
- Gary Reeves v. Jim McConn, 631 F.2d 377 (5th Cir. 1980).published
- Taxpayers for Vincent v. Members of the City Council of Los Angeles, 682 F.2d 847 (9th Cir. 1982).published
- State v. Allen, 905 S.W.2d 874 (Mo. 1995).published
At page 107 Analyzing ordinance restrictions on school grounds35 citing casesantinoise ordinance
- Frank Genusa v. City of Peoria, 619 F.2d 1203 (7th Cir. 1980).published But cf., e. g., Young v. American Mini Theatres, Inc., 427 U.S. at 73 n.1, 96 S.Ct. at 2453 n.1 (Powell, X, concurring); id. at 84-88 , 96 S.Ct. at 2459-2461 (Stewart, X, joined by Brennan, Marshall, & Blackmun, JJ.); Grayned v. City of Ro…
- Slinkard v. Indep. Sch. Dist. No. 1 of Tulsa Cnty., No. 4:23-cv-00354 (N.D. Okla. Mar. 31, 2025). See, e.g., Callaway v. City of Edmond, 791 P.2d 104 , 106 n.1 (Okla. Crim. App. 1990) (Oklahoma’s “due process clause in Art. 2 Sec. 7 has a definitional range that is coextensive with its federal counterpart.”). 6 See, e.g., Grayned, 408…
- Minnesota State Bd. for Cmty. Colleges v. Knight, 465 U.S. 271 (1984).published
- Arcara v. Cloud Books, Inc., 478 U.S. 697 (1986).published
- Bond v. United States, 564 U.S. 211 (2011).published
- Edith Milestone v. City of Monroe, 665 F.3d 774 (7th Cir. 2011).published
- John M. Asquith Ricky L. Knowles Billy D. Randall Wayne H. Williamson J. Blake Lindsey Jeff Attlessey John Doe Mary Roe, & Others Similarly Situated v. City of Beaufort Colonel Jesse Altman, Jr., Chief of Police Jefferson Dowling, Captain Michael Lee, Sergeant John Doe, & Other Unnamed Police Officers David Taub, Mayor Dr. Charles A. Bush Edie Rogers Donnie Beer Fred S. Washington, Jr., Members of the City Council Dean Hunter, Beaufort City Manager, in Their Off. Capacities William Rhett Nancy Rhett Roger Karr Neil B. Lipsitz, in Their Individual Capacities, Am. All. for Rights & Responsibilities, Amicus Curiae. George Daughety Richard Simpson Calvary Baptist Church v. City of Beaufort David Taub, Mayor Dr. Charles A. Bush Colonel Jesse Altman, Jr., Chief of Police Edie Rogers Donnie Beer Fred S. Washington, Jr., Members of the City Council Dean Hunter, Beaufort City Manager, Am. All. for Rights & Responsibilities, Amicus Curiae. William Bradley Lindsey, Through His Guardian Ad Litem Jeffery Blake Lindsey v. City of Beaufort William R. Neal, Chief of Police Jefferson Dowling, Captain Brad Payne, Officer Unnamed Police Officers David Taub, Mayor Dr. Charles A. Bush Edie Rodgers Donnie Beer Fred S. Washington, Jr., Members of the City Council Dean Hunter, Beaufort City Manager, All in Their Off. Capacities, Am. All. for Rights & Responsibilites, Amicus Curiae, 139 F.3d 408 (4th Cir. 1998).published
- Peta v. Rasmussen, 298 F.3d 1198 (10th Cir. 2002).published
- Sundance v. Mun. Court, 729 P.2d 80 (Cal. 1986).published
- Intern. Caucus of Labor Com. v. Dade Cnty., Fla., 724 F. Supp. 917 (S.D. Fla. 1989).published
Show 23 more citing cases
- United States v. Cutler, 815 F. Supp. 599 (E.D.N.Y. 1993).published
- Fargo Women's Health Org., Inc. v. Lambs of Christ, 488 N.W.2d 401 (N.D. 1992).published
- City of Madison v. Baumann, 455 N.W.2d 647 (Wis. Ct. App. 1990).published
- St. Croix Waterway Ass'n v. Meyer, 942 F. Supp. 435 (D. Minn. 1996).published
- Eanes v. State, 569 A.2d 604 (Md. 1990).published
- Commonwealth v. Bohmer, 372 N.E.2d 1381 (Mass. 1978).published
- Diamond \D\" Construrction Corp. v. New York State Dep't of Labor (\"Dol\") Bureau of Pub. Works", 142 F. Supp. 2d 377 (W.D.N.Y. 2001).published
- United States v. Louis Agront, Sr., 773 F.3d 192 (9th Cir. 2014).published
- Gaughan v. City of Cleveland, 212 F. App'x 405 (6th Cir. 2007).unpublished
- State v. Catalano, 104 So. 3d 1069 (Fla. 2012).published
- Asquith v. City of Beaufort, 139 F.3d 408 (4th Cir. 1998).published
- PeTA, People for the Ethical Treatment of Animals v. Rasmussen, 298 F.3d 1198 (10th Cir. 2002).published
- M.O. v. Hononegah Cmty. High Sch. Dist. 207, No. 3:18-cv-50260 (N.D. Ill. May 15, 2019).
- March v. Frey, 458 F. Supp. 3d 16 (D. Me. 2020).published
At page 119 Balancing speech rights with school disruption interests33 citing casesfinding an anti-noise ordinance not to be geographically overinclusive because it only applied within 150 feet of a 26 school building
- Slinkard v. Indep. Sch. Dist. No. 1 of Tulsa Cnty., No. 4:23-cv-00354 (N.D. Okla. Mar. 31, 2025). See, e.g., Callaway v. City of Edmond, 791 P.2d 104 , 106 n.1 (Okla. Crim. App. 1990) (Oklahoma’s “due process clause in Art. 2 Sec. 7 has a definitional range that is coextensive with its federal counterpart.”). 6 See, e.g., Grayned, 408…
- Planned Parenthood Shasta-Diablo, Inc. v. Williams, 873 P.2d 1224 (Cal. 1994).published
- John M. Asquith Ricky L. Knowles Billy D. Randall Wayne H. Williamson J. Blake Lindsey Jeff Attlessey John Doe Mary Roe, & Others Similarly Situated v. City of Beaufort Colonel Jesse Altman, Jr., Chief of Police Jefferson Dowling, Captain Michael Lee, Sergeant John Doe, & Other Unnamed Police Officers David Taub, Mayor Dr. Charles A. Bush Edie Rogers Donnie Beer Fred S. Washington, Jr., Members of the City Council Dean Hunter, Beaufort City Manager, in Their Off. Capacities William Rhett Nancy Rhett Roger Karr Neil B. Lipsitz, in Their Individual Capacities, Am. All. for Rights & Responsibilities, Amicus Curiae. George Daughety Richard Simpson Calvary Baptist Church v. City of Beaufort David Taub, Mayor Dr. Charles A. Bush Colonel Jesse Altman, Jr., Chief of Police Edie Rogers Donnie Beer Fred S. Washington, Jr., Members of the City Council Dean Hunter, Beaufort City Manager, Am. All. for Rights & Responsibilities, Amicus Curiae. William Bradley Lindsey, Through His Guardian Ad Litem Jeffery Blake Lindsey v. City of Beaufort William R. Neal, Chief of Police Jefferson Dowling, Captain Brad Payne, Officer Unnamed Police Officers David Taub, Mayor Dr. Charles A. Bush Edie Rodgers Donnie Beer Fred S. Washington, Jr., Members of the City Council Dean Hunter, Beaufort City Manager, All in Their Off. Capacities, Am. All. for Rights & Responsibilites, Amicus Curiae, 139 F.3d 408 (4th Cir. 1998).published
- Peta v. Rasmussen, 298 F.3d 1198 (10th Cir. 2002).published
- Asquith v. City of Beaufort, 139 F.3d 408 (4th Cir. 1998).published
- PeTA, People for the Ethical Treatment of Animals v. Rasmussen, 298 F.3d 1198 (10th Cir. 2002).published
- M.O. v. Hononegah Cmty. High Sch. Dist. 207, No. 3:18-cv-50260 (N.D. Ill. May 15, 2019).
- Ctr. for Bio-Ethical Reform, Inc. v. Los Angeles Cnty. Sheriff Dep't, 533 F.3d 780 (9th Cir. 2008).published
- In re Amir X.S., 639 S.E.2d 144 (S.C. 2006).published
- State v. Schoner, 591 P.2d 1305 (Ariz. Ct. App. 1979).published
Show 22 more citing cases
- Wolfe v. George, 385 F. Supp. 2d 1004 (N.D. Cal. 2005).published
- March v. Mills, 867 F.3d 46 (1st Cir. 2017).published
- Grady v. Unified Gov't of Athens-clarke, 715 S.E.2d 148 (Ga. 2011).published
- Castorina ex rel. Rewt v. Madison Cnty. Sch. Bd., 246 F.3d 536 (6th Cir. 2001).published
- Dorn v. Bd. of Trust. of Billings Sch. Dist., 661 P.2d 426 (Mont. 1983).published
- United Food & Com. Workers v. City of Sidney, 174 F. Supp. 2d 682 (S.D. Ohio 2001).published
At page 111 Constraining vague ordinance language to imminent interference29 citing casesrejecting vagueness challenge to ordinance that prohibited activity “adjacent to” a school
- Peta v. Rasmussen, 298 F.3d 1198 (10th Cir. 2002).published
- City of Madison v. Baumann, 455 N.W.2d 647 (Wis. Ct. App. 1990).published
- Eanes v. State, 569 A.2d 604 (Md. 1990).published
- Commonwealth v. Bohmer, 372 N.E.2d 1381 (Mass. 1978).published
- United States v. Louis Agront, Sr., 773 F.3d 192 (9th Cir. 2014).published
- PeTA, People for the Ethical Treatment of Animals v. Rasmussen, 298 F.3d 1198 (10th Cir. 2002).published
- Boyles v. City of Topeka, 21 P.3d 974 (Kan. 2001).published
- Erznoznik v. City of Jacksonville, 422 U.S. 205 (1975).published
- Wright v. New Jersey, 469 U.S. 1146 (1985).published
- Doctor John's, Inc. v. City of Roy, 465 F.3d 1150 (10th Cir. 2006).published
Show 18 more citing cases
- United Food & Com. Workers Union, Local 1099 v. Sw. Ohio Reg'l Transit Auth., 163 F.3d 341 (6th Cir. 1998).published
- Ctr. for Bio-Ethical Reform, Inc. v. Los Angeles Cnty. Sheriff Dep't, 533 F.3d 780 (9th Cir. 2008).published
- In re Amir X.S., 639 S.E.2d 144 (S.C. 2006).published
- In the Interest of Brooks, 618 P.2d 814 (Kan. 1980).published
- Wiemerslage ex rel. Wiemerslage v. Maine Twp. High Sch. Dist. 207, 824 F. Supp. 136 (N.D. Ill. 1993).published
- Survivors Network of those Abused by Priests, Inc. v. Joyce, 941 F. Supp. 2d 1078 (E.D. Mo. 2013).published
At page 113 Analyzing ordinance vagueness and content neutrality26 citing caseshighlighting the due process problems with a “completely subjective standard
- City of Lakewood v. Plain Dealer Publ'g Co., 486 U.S. 750 (1988).published (implying that a law banning excessively loud demonstrations was not facially invalid because its terms could not invite "subjective or discriminatory enforcement)
- Meredith Logan Whitehurst v. Town of Sullivan's Island, 919 S.E.2d 402 (S.C. 2025).published Indeed, "Content-based regulations are presumptively invalid." Id.; Grayned, 408 U.S. at 115 ("Clearly, government has no power to restrict [speech] because of its message."); Tinker v. Des Moines Indep.
- March v. Frey, 458 F. Supp. 3d 16 (D. Me. 2020).published
- Hopkins v. Jegley, 510 F. Supp. 3d 638 (E.D. Ark. 2021).published
- Davis v. Billington, 775 F. Supp. 2d 23 (D.D.C. 2011).published
- Survivors Network of those Abused by Priests, Inc. v. Joyce, 941 F. Supp. 2d 1078 (E.D. Mo. 2013).published
- Artistic Ent., Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000).published
- United States v. Spencer Irving, Jr., 509 F.2d 1325 (5th Cir. 1975).published
- Nos. 86-4102, 86-4140, 859 F.2d 681 (9th Cir. 1988).published
- Dist. of Columbia v. Gueory, 376 A.2d 834 (D.C. 1977).published
Show 11 more citing cases
- Klebanoff v. McMonagle, 552 A.2d 677 (Pa. 1988).published
- Chambers v. Mun. Court, 65 Cal. App. 3d 904 (Cal. Ct. App. 1977).published
- Via v. Taylor, 224 F. Supp. 2d 753 (D. Del. 2002).published
- March v. Mills, 867 F.3d 46 (1st Cir. 2017).published
- Portland Feminist Women's Health Ctr. v. Advocates for Life, Inc., 859 F.2d 681 (9th Cir. 1988).published
At page 118 Restricting expressive activity on school grounds16 citing casesnoting the city can restrict the public’s expressive activity on public sidewalks adjacent to a school if the conduct “materially disrupts classwork or involves substantial disorder or invasion of the rights of others
- Peta v. Rasmussen, 298 F.3d 1198 (10th Cir. 2002).published
- PeTA, People for the Ethical Treatment of Animals v. Rasmussen, 298 F.3d 1198 (10th Cir. 2002).published
- Ctr. for Bio-Ethical Reform, Inc. v. Los Angeles Cnty. Sheriff Dep't, 533 F.3d 780 (9th Cir. 2008).published
- State v. Schoner, 591 P.2d 1305 (Ariz. Ct. App. 1979).published
- Ketchens v. Reiner, 194 Cal. App. 3d 470 (Cal. Ct. App. 1987).published
- 18 Fair empl.prac.cas. 1407, 14 Empl. Prac. Dec. P 7767 Henry B. Ayers v. W. Line Consol. Sch. Dist. v. Ms. Bessie B. Givhan, Plaintiffs-Intervenors, 555 F.2d 1309 (5th Cir. 1977).published
- Sandra C. Schultz v. Russell Frisby, 807 F.2d 1339 (7th Cir. 1986).published
- Dorn v. Bd. of Trust. of Billings Sch. Dist., 661 P.2d 426 (Mont. 1983).published
- In re Brown, 510 P.2d 1017 (Cal. 1973).published
- Concerned Jewish Youth v. McGuire, 469 F. Supp. 1296 (S.D.N.Y. 1979).published
Show 4 more citing cases
- Sussli v. City of San Mateo, 120 Cal. App. 3d 1 (Cal. Ct. App. 1981).published
- United Food & Com. Workers v. City of Sidney, 174 F. Supp. 2d 682 (S.D. Ohio 2001).published
- Ayers v. W. Line Consol. Sch. Dist., 555 F.2d 1309 (5th Cir. 1977).published
- Gary Bowman v. John A. White, 444 F.3d 967 (8th Cir. 2006).published
At page 117 Balancing free expression and school environment restrictions15 citing cases“narrowly tailored to further the state's legitimate interest.”
- Lowden v. Cnty. of Clare, 709 F. Supp. 2d 540 (E.D. Mich. 2010).published
- Mom N Pops, Inc. v. City of Charlotte, 979 F. Supp. 372 (W.D.N.C. 1997).published
- Gary Reeves v. Jim McConn, 631 F.2d 377 (5th Cir. 1980).published
- Taxpayers for Vincent v. Members of the City Council of Los Angeles, 682 F.2d 847 (9th Cir. 1982).published
- Concerned Jewish Youth v. McGuire, 621 F.2d 471 (2d Cir. 1980).published
- Columbia Broad. Sys., Inc. v. Democratic Nat'l Comm., 412 U.S. 94 (1973).published
- Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37 (1983).published
- Connecticut State Fed'n of Teachers v. Bd. of Educ. Members, 538 F.2d 471 (2d Cir. 1976).published
- State v. Ybarra, 550 P.2d 763 (Or. Ct. App. 1976).published
- Friedrich v. City of Chicago, 619 F. Supp. 1129 (N.D. Ill. 1985).published
Show 2 more citing cases
- Macula v. Bd. of Educ., 75 A.D.3d 1118 (N.Y. App. Div. 4th Dep't 2010).published
- Castorina ex rel. Rewt v. Madison Cnty. Sch. Bd., 246 F.3d 536 (6th Cir. 2001).published
At page 121 Sustaining time and place restrictions on expressive activity10 citing cases“Condemned to the use of words, we can never expect mathematical certainty from our language,” and “[i]t will always be true that the fertile legal ‘imagination can conjure up hypothetical cases in which the meaning of (disputed) terms will be in [sic] nice question.’”
- City of Lakewood v. Plain Dealer Publ'g Co., 486 U.S. 750 (1988).published But see Grayned, 408 U. S., at 113 (implying that a law banning excessively loud demonstrations was not facially invalid because its terms could not invite "subjective or discriminatory enforcement"). *769 Moreover, we have never countenan…
- Commonwealth of Virginia v. Sean Holmes, No. 1404232 (Va. Ct. App. Mar. 27, 2024).unpublished Co., 236 Va. 221, 225 (1988) (“[T]he meaning of a word takes color and expression from the purport of the entire phrase of which it is a part, and it must be read in harmony with its context.” (internal quotation marks -8- omitted)); cf. G…
- Wolfe v. George, 385 F. Supp. 2d 1004 (N.D. Cal. 2005).published
- Nos. 86-4102, 86-4140, 859 F.2d 681 (9th Cir. 1988).published
- Portland Feminist Women's Health Ctr. v. Advocates for Life, Inc., 859 F.2d 681 (9th Cir. 1988).published
- State v. Allen, 905 S.W.2d 874 (Mo. 1995).published
- Dorn v. Bd. of Trust. of Billings Sch. Dist., 661 P.2d 426 (Mont. 1983).published
- Concerned Jewish Youth v. McGuire, 469 F. Supp. 1296 (S.D.N.Y. 1979).published
- David Lavelle v. LVMPD, No. 21-16666 (9th Cir. Aug. 12, 2022).unpublished
- QUIBLEY v. Giblin, 582 F. Supp. 2d 1 (D.D.C. 2008).published“Condemned to the use of words, we can never expect mathematical certainty from our language,” and “[i]t will always be true that the fertile legal ‘imagination can conjure up hypothetical cases in which the meaning of…”
At page 120 Prohibiting noisy demonstrations near schools during class6 citing cases“the ordinance gives no license to punish anyone because of what he is saying”
- Eanes v. State, 569 A.2d 604 (Md. 1990).published
- March v. Mills, 867 F.3d 46 (1st Cir. 2017).published
- Carey v. Brown, 447 U.S. 455 (1980).published
- United States v. Kokinda, 497 U.S. 720 (1990).published
- Braxton v. Mun. Court, 514 P.2d 697 (Cal. 1973).published
- Ackerley Commc'ns of Massachusetts, Inc. v. City of Somerville, 878 F.2d 513 (1st Cir. 1989).published“the ordinance gives no license to punish anyone because of what he is saying”
At page 106 Constitutional validity of anti-picketing and anti-noise ordinances4 citing cases“We conclude that the antipicketing ordinance is unconstitutional, but affirm the court below with respect to the antinoise ordinance.”
- United States v. John Wayne Baranski, 484 F.2d 556 (7th Cir. 1973).published
- Planned Parenthood Shasta-Diablo, Inc. v. Williams, 873 P.2d 1224 (Cal. 1994).published
- Magnani v. City of Ames, 493 F. Supp. 1003 (S.D. Iowa 1980).published
- Clarinda Low v. Travis Russell Yorek, No. A15-1107 (Minn. Ct. App. Apr. 25, 2016).unpublished
At page 104 upholding a statute prohibiting “the making of any noise or diversion which disturbs or tends to disturb [interpreted as “imminent interference” with] the peace or good order of such school session ...2 citing cases
- United States v. William Thomas, United States of Am. v. Ellen Thomas, 864 F.2d 188 (D.C. Cir. 1988).published
- Comm'n for Lawyer Discipline v. Benton, 980 S.W.2d 425 (Tex. 1998).published
Other citing cases
- Yniguez v. Mofford, 730 F. Supp. 309 (D. Ariz. 1990).published
v.
CITY OF ROCKFORD
Lead Opinion
delivered the opinion of the Court.
Appellant Richard Grayned was convicted for his part in a demonstration in front of West Senior High School in Rockford, Illinois. Negro students at the school had first presented their grievances to school administrators. When the principal took no action on crucial complaints, a more public demonstration of protest was planned. On April 25, 1969, approximately 200 people — students, their family members, and friends — gathered next to the school grounds. Appellant, whose brother and twin sisters were attending the school, was part of this group. The demonstrators marched around on a sidewalk about 100 feet from the school building, which was set back from the street. Many carried signs which summarized the grievances: “Black cheerleaders to cheer too”; “Black history with black teachers”; “Equal rights, Negro counselors.” Others, without placards, made the “power to the people” sign with their upraised and clenched fists.
In other respects, the evidence at appellant’s trial was sharply contradictory. Government witnesses reported that the demonstrators repeatedly cheered, chanted, baited policemen, and made other noise that was audible in the school; that hundreds of students were distracted from their school activities and lined the classroom windows to watch the demonstration; that some demonstrators successfully yelled to their friends to leave the school building and join the demonstration; that uncontrolled latenesses after period changes in the school were far greater than usual, with late students admitting that they had been watching the demonstration; and that, in general, orderly school procedure was disrupted. Defense witnesses claimed that the demonstrators were at all times quiet and orderly; that they did not seek to violate the law, but only to “make[*106] a point”; that the only noise was made by policemen using loudspeakers; that almost no students were noticeable at the schoolhouse windows; and that orderly school procedure was not disrupted.
After warning the demonstrators, the police arrested 40 of them, including appellant.[1] For participating in the demonstration, Grayned was tried and convicted of violating two Rockford ordinances, hereinafter referred to as the “antipicketing” ordinance and the “antinoise” ordinance. A $25 fine was imposed for each violation. Since Grayned challenged the constitutionality of each ordinance, he appealed directly to the Supreme Court of Illinois. Ill. Sup. Ct. Rule 302. He claimed that the ordinances were invalid on their face, but did not urge that, as applied to him, the ordinances had punished constitutionally protected activity. The Supreme Court of Illinois held that both ordinances were constitutional on their face. 46 Ill. 2d 492, 263 N. E. 2d 866 (1970). We noted probable jurisdiction, 404 U. S. 820 (1971). We conclude that the antipicketing ordinance is unconstitutional, but affirm the court below with respect to the antinoise ordinance.
[*107] I
At the time of appellant’s arrest and conviction, Rockford’s antipicketing ordinance provided that
“A person commits disorderly conduct when he knowingly:
“(i) Pickets or demonstrates on a public way within 150 feet of any primary or secondary school building while the school is in session and one-half hour before the school is in session and one-half hour after the school session has been concluded, provided that this subsection does not prohibit the peaceful picketing of any school involved in a labor dispute . . . Code of Ordinances, c. 28, § 18.1 (i).
This ordinance is identical to the Chicago disorderly conduct ordinance we have today considered in Police Department of Chicago v. Mosley, ante, p. 92. For the reasons given in Mosley, we agree with dissenting Justice Schaefer below, and hold that § 18.1 (i) violates the Equal Protection Clause of the Fourteenth Amendment. Appellant’s conviction under this invalid ordinance must be reversed.[2]
II
The antinoise ordinance reads, in pertinent part, as follows:
“[N]o person, while on public or private grounds adjacent to any building in which a school or any[*108] class thereof is in session, shall willfully make or assist in the making of any noise or diversion which disturbs or tends to disturb the peace or good order of such school session or class thereof. . . Code of Ordinances, c. 28, § 19.2 (a).
Appellant claims that, on its face, this ordinance is both vague and overbroad, and therefore unconstitutional. We conclude, however, that the ordinance suffers from neither of these related infirmities.
A. Vagueness
It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined. Vague laws offend several important values. First, because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning.[3] Second, if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them.[4] A vague law impermissibly delegates[*109] basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application.[5] Third, but related, where a vague statute “abut[s] upon sensitive areas of basic First Amendment freedoms,” [6] it “operates to inhibit the exercise of [those] freedoms.”[7] Uncertain meanings inevitably lead citizens to “ 'steer far wider of the unlawful zone’ . . . than if the boundaries of the forbidden areas were clearly marked.” [8]
Although the question is close, we conclude that the antinoise ordinance is not impermissibly vague. The court below rejected appellant’s arguments “that proscribed conduct was not sufficiently specified and that police were given too broad a discretion in determining whether conduct was proscribed.” 46 Ill. 2d, at 494, 263 N. E. 2d, at 867. Although it referred to other, similar statutes it had recently construed and upheld, the court[*110] below did not elaborate on the meaning of the antinoise ordinance.[9] In this situation, as Mr. Justice Frankfurter put it, we must “extrapolate its allowable meaning.” [10] Here, we are “relegated ... to the words of the ordinance itself,” [11] to the interpretations the court below has given to analogous statutes,[12] and, perhaps to some degree, to the interpretation of the statute given by those charged Avith enforcing it.[13] “Extrapolation,” of course, is a delicate task, for it is not within our power to construe and narrow state- laws.[14]
With that warning, we find no unconstitutional vagueness in the antinoise ordinance. Condemned to the use of words, we can never expect mathematical certainty from our language.[15] The words of the Rockford ordinance are marked by “flexibility and reasonable breadth, rather than meticulous specificity,” Esteban v. Central Missouri State College, 415 F. 2d 1077, 1088 (CA8 1969) (Blackmun, J.), cert. denied, 398 U. S. 965 (1970), but we think it is clear what the ordinance as a whole prohibits. Designed, according to its preamble, “for the protection of Schools,” the ordinance forbids deliberately[*111] noisy or diversionary[16] activity that disrupts or is about to disrupt normal school activities. It forbids this willful activity at fixed times- — when school is in session — and at a sufficiently fixed place — “adjacent” to the school.[17] Were we left with just the words of the ordinance, we might be troubled by the imprecision of the phrase “tends to disturb.” [18] However, in Chicago v. Meyer, 44 Ill. 2d 1, 4, 253 N. E. 2d 400, 402 (1969), and Chicago v. Gregory, 39 Ill. 2d 47, 233 N. E. 2d 422 (1968), reversed on other grounds, 394 U. S. 111 (1969), the Supreme Court of Illinois construed a Chicago ordinance prohibiting, inter alia, a “diversion tending to disturb the peace,” and held that it permitted conviction only where there was “imminent threat of violence.” (Emphasis supplied.) See Gregory v. Chicago, 394 U. S. 111, 116-117, 121-122 (1969) (Black, J., concurring).[19] Since Meyer was specifically cited in the opinion below, and it in turn drew heavily on Gregory, we think it proper to conclude that the Supreme Court of Illinois would interpret the Rockford ordinance to prohibit only actual[*112] or imminent interference with the “peace or good order” of the school.[20]
Although the prohibited quantum of disturbance is not specified in the ordinance, it is apparent from the statute’s announced purpose that the measure is whether normal school activity has been or is about to be disrupted. We do not have here a vague, general “breach of the peace” ordinance, but a statute written specifically for the school context, where the prohibited disturbances are easily measured by their impact on the normal activities of the school. Given this “particular context,” the ordinance gives “fair notice to those to whom [it] is directed.” [21] Although the Rockford ordinance may not be as precise as the statute we upheld in Cameron v. Johnson, 390 U. S. 611 (1968) — which prohibited picketing “in such a manner as to obstruct or unreasonably interfere with free ingress or egress to and from” any courthouse — we think that, as in Cameron, the ordinance here clearly “delineates its reach in words of common understanding.” Id., at 616.
[*113] Cox v. Louisiana, 379 U. S. 536 (1965), and Coates v. Cincinnati, 402 U. S. 611 (1971), on which appellant particularly relies, presented completely different situations. In Cox, a general breach of the peace ordinance had been construed by state courts to mean “to agitate, to arouse from a state of repose, to molest, to interrupt, to hinder, to disquiet.” The Court correctly concluded that, as construed, the ordinance permitted persons to be punished for merely expressing unpopular views.[22] In Coates, the ordinance punished the sidewalk assembly of three or more persons who “conduct themselves in a manner annoying to persons passing by . . . .” We held, in part, that the ordinance was impermissibly vague because enforcement depended on the completely subjective standard of “annoyance.”
In contrast, Rockford’s antinoise ordinance does not permit punishment for the expression of an unpopular point of view, and it contains no broad invitation to subjective or discriminatory enforcement. Rockford does not claim the broad power to punish all “noises” and “diversions.” [23] The vagueness of these terms, by themselves, is dispelled by the ordinance’s requirements that (1) the “noise or diversion” be actually incompatible with normal school activity; (2) there be a demonstrated causality between the disruption that occurs and the “noise or diversion”; and (3) the acts be[*114] “willfully” done.[24] “Undesirables” or their “annoying” conduct may not be punished. The ordinance does not permit people to “stand on a public sidewalk . . . only at the whim of any police officer.” [25] Rather, there must be demonstrated interference with school activities. As always, enforcement requires the exercise of some degree of police judgment, but, as confined, that degree of judgment here is permissible. The Rockford City Council has made the basic policy choices, and has given fair warning as to what is prohibited. “[T]he ordinance defines boundaries sufficiently distinct” for citizens, policemen, juries, and appellate judges.[26] It is not impermissibly vague.
B. Overbreadth
A clear and precise enactment may nevertheless be “overbroad” if in its reach it prohibits constitutionally protected conduct.[27] Although appellant does not claim that, as applied to him, the antinoise ordinance has punished protected expressive activity, he claims that the ordinance is overbroad on its face. Because overbroad laws, like vague ones, deter privileged activity, our cases firmly establish appellant’s standing to raise an over-breadth challenge.[28] The crucial question, then, is[*115] whether the ordinance sweeps within its prohibitions what may not be punished under the First and Fourteenth Amendments. Specifically, appellant contends that the Rockford ordinance unduly interferes with First and Fourteenth Amendment rights to picket on a public sidewalk near a school. We disagree.
“In considering the right of a municipality to control the use of public streets for the expression of religious [or political] views, we start with the words of Mr. Justice Roberts that Wherever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.’ Hague v. CIO, 307 U. S. 496, 515 (1939).” Kunz v. New York, 340 U. S. 290, 293 (1951). See Shuttlesworth v. Birmingham, 394 U. S. 147, 152 (1969). The right to use a public place for expressive activity may be restricted only for weighty reasons.
Clearly, government has no power to restrict such activity because of its message.[29] Our cases make equally clear, however, that reasonable “time, place and manner” regulations may be necessary to further significant governmental interests, and are permitted.[30] For example, two parades cannot march on the same street simultaneously, and government may allow only one. Cox v. New Hampshire, 312 U. S. 569, 576 (1941). A demonstration or parade on a large street during rush hour[*116] might put an intolerable burden on the essential flow of traffic, and for that reason could be prohibited. Cox v. Louisiana, 379 U. S., at 554. If overamplified loudspeakers assault the citizenry, government may turn them down. Kovacs v. Cooper, 336 U. S. 77 (1949); Saia v. New York, 334 U. S. 558, 562 (1948). Subject to such reasonable regulation, however, peaceful demonstrations in public places are protected by the First Amendment.[31] Of course, where demonstrations turn violent, they lose their protected quality as expression under the First Amendment.[32]
The nature of a place, "the pattern of its normal activities, dictate the kinds of regulations of time, place, and manner that are reasonable.” [33] Although a silent vigil may not unduly interfere with a public library, Brown v. Louisiana, 383 U. S. 131 (1966), making a speech in the reading room almost certainly would. That same speech should be perfectly appropriate in a park. The crucial question is whether the manner of expression is basically incompatible with the normal activity of a particular place at a particular time. Our cases make clear that in assessing the reasonableness of a regulation, we must weigh heavily the fact that communication is involved;[34] the regulation must be nar[*117]rowly tailored to further the State’s legitimate interest.[35] Access to the “streets, sidewalks, parks, and other similar public places ... for the purpose of exercising [First Amendment rights] cannot constitutionally be denied broadly . . . .” [36] Free expression “must not, in the guise of regulation, be abridged or denied.” [37]
In light of these general principles, we do not think that Rockford’s ordinance is an unconstitutional regulation of activity around a school. Our touchstone is Tinker v. Des Moines School District, 393 U. S. 503 (1969), in which we considered the question of how to accommodate First Amendment rights with the “special characteristics of the school environment.” Id., at 506. Tinker held that the Des Moines School District could not punish students for wearing black armbands to school in protest of the Vietnam war. Recognizing that “ ‘wide exposure to . . . robust exchange of ideas’ ” is an “important part of the educational process” and should be nurtured, id., at 512, we concluded that free expression could not be barred from the school campus. We made clear that “undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression,” id., at 508,[38] and that particular expressive activity could not be prohibited because of a “mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint,” id., at 509. But we nowhere suggested that students, teachers, or anyone else has an absolute constitutional right to use[*118] all parts of a school building or its immediate environs for his unlimited expressive purposes. Expressive activity could certainly be restricted, but only if the forbidden conduct “materially disrupts classwork or involves substantial disorder or invasion of the rights of others.” Id., at 513. The wearing of armbands was protected in Tinker because the students “neither interrupted school activities nor sought to intrude in the school affairs or the lives of others. They caused discussion outside of the classrooms, but no interference with work and no disorder.” Id., at 514. Compare Burnside v. Byars, 363 F. 2d 744 (CA5 1966), and Butts v. Dallas Ind. School District, 436 F. 2d 728 (CA5 1971), with Blackwell v. Issaquena County Board of Education, 363 F. 2d 749 (CA5 1966).
Just as Tinker made clear that school property may not be declared off limits for expressive activity by students, we think it clear that the public sidewalk adjacent to school grounds may not be declared off limits for expressive activity by members of the public. But in each case, expressive activity may be prohibited if it “materially disrupts classwork or involves substantial disorder or invasion of the rights of others.” Tinker v. Des Moines School District, 393 U. S., at 513.[39]
We would be ignoring reality if we did not recognize that the public schools in a community are important institutions, and are often the focus of significant grievances.[40] Without interfering with normal school activi[*119]ties, daytime picketing and handbilling on public grounds near a school can effectively publicize those grievances to pedestrians, school visitors, and deliverymen, as well as to teachers, administrators, and students. Some picketing to that end will be quiet and peaceful, and will in no way disturb the normal functioning of the school. For example, it would be highly unusual if the classic expressive gesture of the solitary picket disrupts anything related to the school, at least on a public sidewalk open to pedestrians.[41] On the other hand, schools could hardly tolerate boisterous demonstrators who drown out classroom conversation, make studying impossible, block entrances, or incite children to leave the schoolhouse.[42]
Rockford’s antinoise ordinance goes no further than Tinker says a municipality may go to prevent interference with its schools. It is narrowly tailored to further Rockford’s compelling interest in having an un-disrupted school session conducive to the students’ learning, and does not unnecessarily interfere with First Amendment rights. Far from having an impermissibly broad prophylactic ordinance,[43] Rockford punishes only conduct which disrupts or is about to disrupt normal school activities. That decision is made, as it should be, on an individualized basis, given the particular fact situation. Peaceful picketing which does not interfere with the ordinary functioning of the school is permit[*120]ted. And the ordinance gives no license to punish anyone because of what he is saying.[44]
We recognize that the ordinance prohibits some picketing that is neither violent nor physically obstructive. Noisy demonstrations that disrupt or are incompatible with normal school activities are obviously within the ordinance’s reach. Such expressive conduct may be constitutionally protected at other places or other times, cf. Edwards v. South Carolina, 372 U. S. 229 (1963); Cox v. Louisiana, 379 U. S. 536 (1965), but next to a school, while classes are in session, it may be prohibited.[45] The antinoise ordinance imposes no such restriction on expressive activity before or after the school session, while the student/faculty “audience” enters and leaves the school.
In Cox v. Louisiana, 379 U. S. 559 (1965), this Court indicated that, because of the special nature of the place,[46] persons could be constitutionally prohibited from picketing “in or near” a courthouse “with the intent of interfering with, obstructing, or impeding the administration of justice.” Likewise, in Cameron v. Johnson, 390 U. S. 611 (1968), we upheld a statute prohibiting[*121] picketing “in such a manner as to obstruct or unreasonably interfere with free ingress or egress to and from any . . . county . . . courthouses.”[47] As in those two cases, Rockford’s modest restriction on some peaceful picketing represents a considered and specific legislative judgment that some kinds of expressive activity should be restricted at a particular time and place, here in order to protect the schools.[48] Such a reasonable regulation is not inconsistent with the First and Fourteenth Amendments.[49] The antinoise ordinance is not invalid on its face.[50]
The judgment is
Affirmed in part and reversed in part.
Mr. Justice Blackmun joins in the judgment and in Part I of the opinion of the Court. He concurs in the result as to Part II of the opinion.Police officers testified that “there was no way of picking out any one in particular” while making arrests. Report of Proceedings in Circuit Court, 17th Judicial Circuit, Winnebago County 66. However, apparently only males were arrested. Id., at 65, 135, 147. Since appellant’s sole claim in this appeal is that he was convicted under facially unconstitutional ordinances, there is no occasion for us to evaluate either the propriety of these selective arrests or the sufficiency of evidence that appellant himself actually engaged in conduct within the terms of the ordinances. Mr. Justice Douglas, in concluding that appellant’s particular behavior was protected by the First Amendment, reaches a question not presented by the parties here or in the court below. See Tr. of Oral Arg. 16-17; Jurisdictional Statement 3; City of Rockford v. Grayned, 46 Ill. 2d 492, 494, 263 N. E. 2d 866, 867 (1970).
In November 1971, the antipicketing ordinance was amended to delete the labor picketing proviso. As Rockford notes, “This amendment and deletion has, of course, no effect on Appellant’s personal situation.” Brief 2. Necessarily, we must consider the facial constitutionality of the ordinance in effect when appellant was arrested and convicted.
E. g., Papachristou v. City of Jacksonville, 405 U. S. 156, 162 (1972); Cramp v. Board of Public Instruction, 368 U. S. 278, 287 (1961); United States v. Harriss, 347 U. S. 612, 617 (1954); Jordan v. De George, 341 U. S. 223, 230-232 (1951); Lanzetta v. New Jersey, 306 U. S. 451, 453 (1939); Connolly v. General Construction Co., 269 U. S. 385, 391 (1926); United States v. Cohen Grocery Co., 255 U. S. 81, 89 (1921); International Harvester Co. v. Kentucky, 234 U. S. 216, 223-224 (1914).
E. g., Papachristou v. City of Jacksonville, supra; Coates v. Cincinnati, 402 U. S. 611, 614 (1971); Gregory v. Chicago, 394 U. S. 111, 120 (1969) (Black, J., concurring); Interstate Circuit v. Dallas, 390 U. S. 676, 684-685 (1968); Ashton v. Kentucky, 384 U. S. 195, 200 (1966); Giaccio v. Pennsylvania, 382 U. S. 399 (1966); Shuttlesworth v. Birmingham, 382 U. S. 87, 90-91 (1965); Kunz v. New [*109] York, 340 U. S. 290 (1951); Saia v. New York, 334 U. S. 558, 559-560 (1948); Thornhill v. Alabama, 310 U. S. 88, 97-98 (1940); Herndon v. Lowry, 301 U. S. 242, 261-264 (1937).
Where First Amendment interests are affected, a precise statute “evincing a legislative judgment that certain specific conduct be . . . proscribed,” Edwards v. South Carolina, 372 U. S. 229, 236 (1963), assures us that the legislature has focused on the First Amendment interests and determined that other governmental policies compel regulation. See Kalven, The Concept of the Public Forum: Cox v. Louisiana, 1965 Sup. Ct. Rev. 1, 32; Garner v. Louisiana, 368 U. S. 157, 200, 202 (1961) (Harlan, J., concurring in judgment).
Baggett v. Bullitt, 377 U. S. 360, 372 (1964).
Cramp v. Board of Public Instruction, 368 U. S., at 287.
Baggett v. Bullitt, supra, at 372, quoting Speiser v. Randall, 357 U. S. 513, 526 (1958). See Interstate Circuit v. Dallas, supra, at 684; Ashton v. Kentucky, supra, at 195, 200-201; Dombrowski v. Pfister, 380 U. S. 479, 486 (1965); Smith v. California, 361 U. S. 147, 150-152 (1959); Winters v. New York, 333 U. S. 507 (1948); Stromberg v. California, 283 U. S. 359, 369 (1931).
The trial magistrate simply charged the jury in the words of the ordinance. The complaint and verdict form used slightly different language. See n. 24, infra.
Garner v. Louisiana, 368 U. S., at 174 (concurring in judgment).
Coates v. Cincinnati, 402 U. S., at 614.
E. g., Gooding v. Wilson, 405 U. S. 518 (1972).
E. g., Lake Carriers Assn. v. MacMullan, 406 U. S. 498, 506-508 (1972); Cole v. Richardson, 405 U. S. 676 (1972); Ehlert v. United States, 402 U. S. 99, 105, 107 (1971); cf. Poe v. Ullman, 367 U. S. 497 (1961).
United States v. 37 Photographs, 402 U. S. 363, 369 (1971).
It will always be true that the fertile legal “imagination can conjure up hypothetical cases in which the meaning of [disputed] terms will be in nice question.” American Communications Assn. v. Douds, 339 U. S. 382, 412 (1950).
“Diversion” is defined by Webster’s Third New International Dictionary as “the act or an instance of diverting from one course or use to another . . . : the act or an instance of diverting (as the mind or attention) from some activity or concern . . . : a turning aside . . . : something that turns the mind from serious concerns or ordinary matters and relaxes or amuses.”
Cf. Cox v. Louisiana, 379 U. S. 559, 568-569 (1965) (“near” the courthouse not impermissibly vague).
See Gregory v. Chicago, 394 U. S., at 119-120 (Black, J., concurring) ; Gooding v. Wilson, 405 U. S., at 525-527; Craig v. Harney, 331 U. S. 367, 372 (1947); cf. Chaplinsky v. New Hampshire, 315 U. S. 568 (1942) (statute punishing “fighting words,” that have a “direct tendency to cause acts of violence,” upheld); Street v. New York, 394 U. S. 576, 592 (1969).
Cf. Chicago v. Terminiello, 400 Ill. 23, 79 N. E. 2d 39 (1948), reversed on other grounds, 337 U. S. 1, 6 (1949).
Some intermediate appellate courts in Illinois appear to have interpreted the phrase “tending to” out of the Chicago ordinance entirely, at least in some contexts. Chicago v. Hansen, 337 Ill. App. 663, 86 N. E. 2d 415 (1949); Chicago v. Holmes, 339 Ill. App. 146, 88 N. E. 2d 744 (1949); Chicago v. Nesbitt, 19 Ill. App. 2d 220, 153 N. E. 2d 259 (1958); but cf. Chicago v. Williams, 45 Ill. App. 2d 327, 195 N. E. 2d 425 (1963).
In its brief, the city of Rockford indicates that its sole concern is with actual disruption. “[A] court and jury [are] charged with the duty of determining whether or not ... a school has been disrupted and that the defendant's conduct, [no matter what it was,] caused or contributed to cause the disruption.” Brief for Appellee 16 (emphasis supplied). This was the theory on which the city tried appellant’s case to the jury, Report, supra, n. 1, at- 12-13, although the jury was instructed in the words of the ordinance. As already noted, supra, n. 1, no challenge is made here to the Rockford ordinance as applied in this case.
American Communications Assn. v. Douds, 339 U. S., at 412.
Cf. Edwards v. South Carolina, 372 U. S. 229 (1963); Cantwell v. Connecticut, 310 U. S. 296, 308 (1940). Similarly, in numerous other cases, we have condemned broadly worded licensing ordinances which grant such standardless discretion to public officials that they are free to censor ideas and enforce their own personal preferences. Shuttlesworth v. Birmingham, 394 U. S. 147 (1969); Staub v. City of Baxley, 355 U. S. 313 (1958); Saia v. New York, 334 U. S. 558 (1948); Schneider v. State, 308 U. S. 147, 163-164 (1939); Lovell v. Griffin, 303 U. S. 444 (1938); Hague v. CIO, 307 U. S. 496 (1939).
Cf. Cox v. Louisiana, 379 U. S. 536, 546-550 (1965); Edwards v. South Carolina, 372 U. S., at 234-237.
Tracking the complaint, the jury verdict found Grayned guilty of “[w]ilfully causing diversion of good order of public school in session, in that while on school grounds and while school was in session, did wilfully make and assist in the making of a diversion which tended to disturb the peace and good order of the school session and class thereof.”
Shuttlesworth v. Birmingham, 382 U. S., at 90.
Chicago v. Fort, 46 Ill. 2d 12, 16, 262 N. E. 2d 473, 476 (1970), a case cited in the opinion below.
See Zwickler v. Koota, 389 U. S. 241, 249-250 (1967), and cases cited.
E. g., Gooding v. Wilson, 405 U. S. 518 (1972); Coates v. Cincinnati, 402 U. S., at 616; Dombrowski v. Pfister, 380 U. S., at 486, and cases cited; Kunz v. New York, 340 U. S. 290 (1951).
Police Department of Chicago v. Mosley, ante, p. 92.
Cox v. New Hampshire, 312 U. S. 569, 575-576 (1941); Kunz v. New York, 340 U. S., at 293-294; Poulos v. New Hampshire, 345 U. S. 395, 398 (1953); Cox v. Louisiana, 379 U. S., at 554-555; Cox v. Louisiana, 379 U. S. 559 (1965); Adderley v. Florida, 385 U. S. 39, 46-48 (1966); Food Employees v. Logan Valley Plaza, 391 U. S. 308, 320-321 (1968); Shuttlesworth v. Birmingham, 394 U. S. 147 (1969).
Police Department of Chicago v. Mosley, ante, at 95-96, and cases cited.
See generally T. Emerson, The System of Freedom of Expression 328-345 (1970).
'Wright, The Constitution on the Campus, 22 Vand. L. Rev. 1027, 1042 (1969). Cf. Cox v. Louisiana, 379 U. S. 559 (1965); Adderley v. Florida, 385 U. S. 39 (1966); Food Employees v. Logan Valley Plaza, 391 U. S. 308 (1968); Tinker v. Des Moines School District, 393 U. S. 503 (1969).
E. g., Schneider v. State, 308 U. S. 147 (1939); Talley v. California, 362 U. S. 60 (1960); Saia v. New York, 334 U. S., at 562; Cox v. New Hampshire, 312 U. S., at 574; Hague v. CIO, 307 U. S., at 516. See generally Kalven, The Concept of the Public Forum: Cox v. Louisiana, 1965 Sup. Ct. Rev. 1.
De Jonge v. Oregon, 299 U. S. 353, 364-365 (1937); Lovell v. Griffin, 303 U. S., at 451; Schneider v. State, 308 U. S., at 164; Cantwell v. Connecticut, 310 U. S., at 307; Cox v. Louisiana, 379 U. S., at 562-564; Davis v. Francois, 395 F. 2d 730 (CA5 1968). Cf. Shelton v. Tucker, 364 U. S. 479, 488 (1960); NAACP v. Button, 371 U. S. 415, 438 (1963).
Food Employees v. Logan Valley Plaza, 391 U. S., at 315.
Hague v. CIO, 307 U. S., at 516.
Cf. Hague v. CIO, supra, at 516.
In Tinker we recognized that the principle of that case was not limited to expressive activity within the school building itself. Id., at 512 n. 6, 513-514. See Esteban v. Central Missouri State College, 415 F. 2d 1077 (CA8 1969) (Blackmun, J.), cert. denied, 398 U. S. 965 (1970); Jones v. Board of Regents, 436 F. 2d 618 (CA9 1970); Hammond v. South Carolina State College, 272 F. Supp. 947 (SC 1967), cited in Tinker.
Cf. Thornhill v. Alabama, 310 U. S., at 102. It goes without saying that “one is not to have the exercise of his liberty of[*119] expression in appropriate places abridged on the plea that it may be exercised in some other place.” Schneider v. State, 308 U. S., at 163.
Cf. Jones v. Board of Regents, supra.
Cf. Barker v. Hardway, 283 F. Supp. 228 (SD W. Va.), aff'd, 399 F. 2d 638 (CA4 1968), cert. denied, 394 U. S. 905 (1969) (Fortas, J., concurring).
See Jones v. Board of Regents, supra; Hammond v. South Carolina State College, supra.
Compare Scoville v. Board of Education, 425 F. 2d 10 (CA7), cert. denied, 400 U. S. 826 (1970); Dickey v. Alabama State Board of Education, 273 F. Supp. 613 (MD Ala. 1967) (cited in Tinker).
Different considerations, of course, apply in different circumstances. For example, restrictions appropriate to a single-building high school during class hours would be inappropriate in many open areas on a college campus, just as an assembly that is permitted outside a dormitory would be inappropriate in the middle of a mathematics class.
Noting the need “to assure that the administration of justice at all stages is free from outside control and influence,” we emphasized that “ [a] State may protect against the possibility of a conclusion by the public . . . [that a] judge’s action was in part a product of intimidation and did not flow only from the fair and orderly working of the judicial process.” 379 U. S., at 562, 565.
Quoting Schneider v. State, 308 U. S., at 161, we noted that “ 'such activity bears no necessary relationship to the freedom to . . . distribute information or opinion.’ ” 390 U. S., at 617.
Cf. Garner v. Louisiana, 368 U. S., at 202-203 (Harlan, J., concurring in judgment).
Cf. Adderley v. Florida, 385 U. S. 39 (1966). In Adderley, the Court held that demonstrators could be barred from jailhouse grounds not ordinarily open to the public, at least where the demonstration obstructed the jail driveway and interfered with the functioning of the jail. In Tinker we noted that “a school is not like a hospital or a jail enclosure.” 393 U. S., at 512 n. 6.
It is possible, of course, that there will be unconstitutional applications; but that is not a matter which presently concerns us. See Shuttlesworth v. Birmingham, 382 U. S., at 91, and n. 1, supra.
Dissent
dissenting in part.
While I join Part I of the Court’s opinion, I would also reverse the appellant’s conviction under the antinoise ordinance.
[*122] The municipal ordinance on which this case turns is c. 28, § 19.2 (a) which provides in relevant part:
“That no person, while on public or private grounds adjacent to any building in which a school or any class thereof is in session, shall willfully make or assist in the making of any noise or diversion which disturbs or tends to disturb the peace or good order of such school session or class thereof.”
Appellant was one of 200 people picketing a school and carrying signs promoting a black cause — “Black cheerleaders to cheer too,” “Black history with black teachers,” “We want our rights,” and the like. Appellant, however,.did not himself carry a picket sign. There was no evidence that he yelled or made any noise whatsoever. Indeed, the evidence reveals that appellant simply marched quietly and on one occasion raised his- arm in the “power to the people” salute.
The pickets were mostly students; but they included former students, parents of students, and concerned citizens. They had made proposals to the school board on their demands and were turned down. Hence the picketing. The picketing was mostly by black students who were counseled and advised by a faculty member of the school. The school contained 1,800 students. Those counseling the students advised they must be quiet, walk hand in hand, no whispering, no talking.
Twenty-five policemen were stationed nearby. There was noise but most of it was produced by the police who used loudspeakers to explain the local ordinance and to announce that arrests might be made. The picketing did not stop, and some 40 demonstrators, including appellant, were arrested.
The picketing lasted 20 to 30 minutes and some students went to the windows of the classrooms to observe it. It is not clear how many there were. The picketing[*123] was, however, orderly or, as one officer testified, “very orderly.” There was no violence. And appellant made no noise whatever.
What Mr. Justice Roberts said in Hague v. CIO, 307 U. S. 496, 515-516, has never been questioned:
“Wherever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. The privilege of a citizen of the United States to use the streets and parks for communication of views on national questions may be regulated in the interest of all; it is not absolute, but relative, and must be exercised in subordination to the general comfort and convenience, and in consonance with peace and good order; but it must not, in the guise of regulation, be abridged or denied.”
We held in Cox v. Louisiana, 379 U. S. 536, 544-545, that a State could not infringe the right of free speech and free assembly by convicting demonstrators under a “disturbing the peace” ordinance where all that the students in that case did was to protest segregation and discrimination against blacks by peaceably assembling and marching to the courthouse where they sang, prayed, and listened to a speech, but where there was no violence, no rioting, no boisterous conduct.
The school where the present picketing occurred was the center of a racial conflict. Most of the pickets were indeed students in the school. The dispute doubtless disturbed the school; and the blaring of the loudspeakers of the police was certainly a “noise or diversion” in the[*124] meaning of the ordinance. But there was no evidence that appellant was noisy or boisterous or rowdy. He walked quietly and in an orderly manner. As I read this record, the disruptive force loosed at this school was an issue dealing with race — an issue that is preeminently one for solution by First Amendment means.* That is all that was done here; and the entire picketing, including appellant’s part in it, was done in the best First Amendment tradition.
The majority asserts that “appellant’s sole claim ... is that he was convicted under facially unconstitutional ordinances” and that there is, therefore, no occasion to consider whether his activities were protected by the First Amendment. Ante, at 106 n. 1. Appellant argues, however, that the ordinance is overly broad in that it punishes constitutionally protected activity. A statute may withstand an overbreadth attack “only if, as authoritatively construed ... , it is not susceptible of application to speech . . . that is protected by the First and Fourteenth Amendments.” Gooding v. Wilson, 405 U. S. 518, 520 (1972). If the ordinance applies to appellant’s activities and if appellant’s activities are constitutionally protected, then the ordinance is overly broad and, thus, unconstitutional. There is no merit, therefore, to the Court’s suggestion that the question whether “appellant’s particular behavior was protected by the First Amendment,” ante, at 106 n. 1, is not presented.