section 8 overbroad in Oregon

8 Oregon opinions name it 2 courts 1983–2011 0 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

Case	Followed	Cited
No positive-treatment citations attached to this issue in Oregon.

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
State v. Robertson green or · 1982 2 sentences 1984State v. Robertson, supra, 293 Or at 412 ; Marks v. City of Roseburg, 65 Or App 102 , 670 P2d 201 (1983). 1984State v. Robertson, supra, 293 Or. at 412 , 649 P.2d 569 ; Marks v. City of Roseburg, 65 Or.	2	1983–1984
State v. Rangel green or · 1999 2 sentences 2011After judicially narrowing ORS 163.732 to reach only those kinds of unequivocal threats, the court concluded that the statute was not overbroad under Article I, section 8. 328 Or. at 306 , 977 P.2d 379 . 2011After judicially narrowing ORS 163.732 to reach only those kinds of unequivocal threats, the court concluded that the statute was not overbroad under Article I, section 8. 328 Or. at 306 , 977 P.2d 379 .	1	2011–2011
State v. Illig-Renn green orctapp · 2004 2 sentences 2007On appeal, we reversed defendant’s convictions, relying on State v. Illig-Renn, 196 Or App 765 , 103 P3d 1178 (2004), modified and adh’d to on recons, 199 Or App 124 , 110 P3d 137 (2005), a case in which we had held that ORS 162.247 is facially overbroad under Article I, sections 8 and 26, of the Oregon Constitution. 2007On appeal, we reversed defendant’s convictions, relying on State v. Illig-Renn, 196 Or App 765 , 103 P3d 1178 (2004), modified and adh’d to on recons, 199 Or App 124 , 110 P3d 137 (2005), a case in which we had held that ORS 162.247 is facially overbroad under Article I, sections 8 and 26, of the Oregon Constitution.	1	2007–2007
State v. Illig-Renn green orctapp · 2005 2 sentences 2007On appeal, we reversed defendant’s convictions, relying on State v. Illig-Renn, 196 Or App 765 , 103 P3d 1178 (2004), modified and adh’d to on recons, 199 Or App 124 , 110 P3d 137 (2005), a case in which we had held that ORS 162.247 is facially overbroad under Article I, sections 8 and 26, of the Oregon Constitution. 2007On appeal, we reversed defendant’s convictions, relying on State v. Illig-Renn, 196 Or App 765 , 103 P3d 1178 (2004), modified and adh’d to on recons, 199 Or App 124 , 110 P3d 137 (2005), a case in which we had held that ORS 162.247 is facially overbroad under Article I, sections 8 and 26, of the Oregon Constitution.	1	2007–2007
State v. Neretin neutral orctapp · 2005 2 sentences 2007State v. Neretin, 200 Or App 395 , 114 P3d 539 (2005). 2007State v. Neretin, 200 Or App 395 , 114 P3d 539 (2005).	1	2007–2007
State v. Rangel green orctapp · 1997 2 sentences 1999State v. Rangel, 298 146 Or App 571 , 934 P2d 1128 (1997). 1999State v. Rangel, 298 146 Or App 571 , 934 P2d 1128 (1997).	1	1999–1999
State v. Cantwell green orctapp · 1984 2 sentences 1986State v. Cantwell, 66 Or App 848, 852 , 676 P2d 353 , rev den 297 Or 124 (1984). 1986State v. Cantwell, 66 Or App 848, 852 , 676 P2d 353 , rev den 297 Or 124 (1984).	1	1986–1986
City of Portland v. Gatewood green orctapp · 1985 2 sentences 1986Subsequently, this court interpreted the ordinance narrowly, holding that it is aimed at “the prohibition of public nudity or indecent exposure [which is] not intended as a protected symbolic or communicative act,” City of Portland v. Gatewood, 76 Or App 74, 82 , 708 P2d 615 (1985), rev den 300 Or 477 (1986), and is intended to “protect the public from the possible disruptive effects and other negative results that public nudity could create.” 76 Or App at 80 . 1986Subsequently, this court interpreted the ordinance narrowly, holding that it is aimed at “the prohibition of public nudity or indecent exposure [which is] not intended as a protected symbolic or communicative act,” City of Portland v. Gatewood, 76 Or App 74, 82 , 708 P2d 615 (1985), rev den 300 Or 477 (1986), and is intended to “protect the public from the possible disruptive effects and other negative results that public nudity could create.” 76 Or App at 80 .	1	1986–1986
State v. Frink green orctapp · 1982 2 sentences 1985The ordinance is not unconstitutionally overbroad under Article I, section 8, of the Oregon Constitution, 6 and it was error for the trial court to sustain defendant’s demurrer on that basis. 7 Reversed and remanded for trial. 1 It is on this point that we believe the trial court’s reliance on State v. Frink, 60 Or App 209 , 653 P2d 553 (1982), was misplaced when it ruled that “[n]udity, without more, is not a crime.” In Frink , we held that the “mere depiction of nudity may not be prohibited” in our examination of the state obscenity statute. 1985The ordinance is not unconstitutionally overbroad under Article I, section 8, of the Oregon Constitution, 6 and it was error for the trial court to sustain defendant’s demurrer on that basis. 7 Reversed and remanded for trial. 1 It is on this point that we believe the trial court’s reliance on State v. Frink, 60 Or App 209 , 653 P2d 553 (1982), was misplaced when it ruled that “[n]udity, without more, is not a crime.” In Frink , we held that the “mere depiction of nudity may not be prohibited” in our examination of the state obscenity statute.	1	1985–1985
Marks v. City of Roseburg green orctapp · 1983 2 sentences 1984State v. Robertson, supra, 293 Or at 412 ; Marks v. City of Roseburg, 65 Or App 102 , 670 P2d 201 (1983). 1984State v. Robertson, supra, 293 Or at 412 ; Marks v. City of Roseburg, 65 Or App 102 , 670 P2d 201 (1983).	1	1984–1984
City of Portland v. Derrington green or · 1969 2 sentences 1984Tidyman relied on City of Portland v. Derrington, 253 Or 289, 451 P2d 111 , cert den 396 US 901 (1969), and State v. Brooks, 22 Or App 30 , 537 P2d 574 (1975), rev on other grounds 275 Or 171 , 550 P2d 440 (1976), neither of which arose under ORS 167.062, or considered Article I, section 8, or Article I, section 21, of the Oregon Constitution. 1984Tidyman relied on City of Portland v. Derrington, 253 Or 289, 451 P2d 111 , cert den 396 US 901 (1969), and State v. Brooks, 22 Or App 30 , 537 P2d 574 (1975), rev on other grounds 275 Or 171 , 550 P2d 440 (1976), neither of which arose under ORS 167.062, or considered Article I, section 8, or Article I, section 21, of the Oregon Constitution.	1	1984–1984
Derrington v. City of Portland green scotus · 1969 2 sentences 1984Tidyman relied on City of Portland v. Derrington, 253 Or 289, 451 P2d 111 , cert den 396 US 901 (1969), and State v. Brooks, 22 Or App 30 , 537 P2d 574 (1975), rev on other grounds 275 Or 171 , 550 P2d 440 (1976), neither of which arose under ORS 167.062, or considered Article I, section 8, or Article I, section 21, of the Oregon Constitution. 1984Tidyman relied on City of Portland v. Derrington, 253 Or. 289 , 451 P.2d 111 , cert. den. 396 U.S. 901 , 90 S.Ct. 212 , 24 L.Ed.2d 177 (1969), and State v. Brooks, 22 Or.	1	1984–1984
State v. Brooks green or · 1976 2 sentences 1984Tidyman relied on City of Portland v. Derrington, 253 Or 289, 451 P2d 111 , cert den 396 US 901 (1969), and State v. Brooks, 22 Or App 30 , 537 P2d 574 (1975), rev on other grounds 275 Or 171 , 550 P2d 440 (1976), neither of which arose under ORS 167.062, or considered Article I, section 8, or Article I, section 21, of the Oregon Constitution. 1984Tidyman relied on City of Portland v. Derrington, 253 Or 289, 451 P2d 111 , cert den 396 US 901 (1969), and State v. Brooks, 22 Or App 30 , 537 P2d 574 (1975), rev on other grounds 275 Or 171 , 550 P2d 440 (1976), neither of which arose under ORS 167.062, or considered Article I, section 8, or Article I, section 21, of the Oregon Constitution.	1	1984–1984
State v. Brooks neutral orctapp · 1975 2 sentences 1984Tidyman relied on City of Portland v. Derrington, 253 Or 289, 451 P2d 111 , cert den 396 US 901 (1969), and State v. Brooks, 22 Or App 30 , 537 P2d 574 (1975), rev on other grounds 275 Or 171 , 550 P2d 440 (1976), neither of which arose under ORS 167.062, or considered Article I, section 8, or Article I, section 21, of the Oregon Constitution. 1984Tidyman relied on City of Portland v. Derrington, 253 Or 289, 451 P2d 111 , cert den 396 US 901 (1969), and State v. Brooks, 22 Or App 30 , 537 P2d 574 (1975), rev on other grounds 275 Or 171 , 550 P2d 440 (1976), neither of which arose under ORS 167.062, or considered Article I, section 8, or Article I, section 21, of the Oregon Constitution.	1	1984–1984
State v. Spencer green or · 1980 1 sentence 1983State v. Robertson, 293 Or 402, 412 , 649 P2d 569 (1982); State v. Spencer, supra, 289 Or at 228 .	1	1983–1983

Where else courts name it

OR 8 (1983–2011) PA 4 (2016–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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section 8 overbroad in Oregon

Followed or applied (0)

Distinguished, questioned or overruled (0)

Also cited on this issue (15)

Where else courts name it