overbreadth doctrine in Hawaii

20 Hawaii opinions name it 2 courts 1977–2020 0 in the last five years

The cases below were cited by Hawaii 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 (11)

Case	Followed	Cited
State v. Kaneakuagreen haw · 1979 · cited in 7 Hawaii opinions naming this issue, 1981–2013 2 sentences 2007Whether the Camping Ordinance and the Camping Ms Are Constitutionally Overbroad “The doctrine of overbreadth, although closely related to a vagueness claim, is distinct in that while a statute may be clear and precise in its terms, it may sweep so broadly that constitutionally protected conduct as well as unprotected conduct is included in its proscriptions.” State v. Gaylord, 78 Hawai'i 127, 142 , 890 P.2d 1167, 1182 (1995) (quoting State v. Kaneakua, 61 Haw. 136, 143 , 597 P.2d 590, 594 (1979) (quotation marks omitted)). 2007Whether the Camping Ordinance and the Camping Ms Are Constitutionally Overbroad “The doctrine of overbreadth, although closely related to a vagueness claim, is distinct in that while a statute may be clear and precise in its terms, it may sweep so broadly that constitutionally protected conduct as well as unprotected conduct is included in its proscriptions.” State v. Gaylord, 78 Hawai'i 127, 142 , 890 P.2d 1167, 1182 (1995) (quoting State v. Kaneakua, 61 Haw. 136, 143 , 597 P.2d 590, 594 (1979) (quotation marks omitted)).	5	7
State v. Alangcas.green haw · 2015 · cited in 2 Hawaii opinions naming this issue, 2016–2020 2 sentences 2020See Alangcas, 134 Hawai#i at 527, 345 P.3d at 193 ; State v. Guidry, 105 Hawai#i 222, 240, 96 P.3d 242, 260 (2004) (finding that because the defendant was a person as to whom a statute directly applied, he does not have standing to assert an overbreadth challenge based on hypothetical applications of the statute). 2016According to the State, the possibility that the UPCPI statutes may cause a chilling effect on the freedom of speech and of the press does not render the UPCPI statutes overbroad because their “legitimate reach ... dwarf[ ] any possible impermissible applications.” “Overbreadth analysis addresses laws that, if enforced, would allow the prosecution of constitutionally-protected conduct.” State v. Alangcas, 134 Hawai'i 616 , 627, 345 P.3d 181, 193 (2015) (citing Andrew E.	2	2
State v. Buigreen haw · 2004 · cited in 2 Hawaii opinions naming this issue, 2006–2007 2 sentences 2006"The doctrine of overbreadth, although closely related to a vagueness claim, is distinct in that while a statute may be clear and precise in its terms, it may sweep so broadly that constitutionally protected conduct is included in its proscriptions.” State v. Bui, 104 Hawai'i 462, 465 , 92 P.3d 471, 474 (2004) (internal quotation marks and citations omitted). 2006"The doctrine of overbreadth, although closely related to a vagueness claim, is distinct in that while a statute may be clear and precise in its terms, it may sweep so broadly that constitutionally protected conduct is included in its proscriptions.” State v. Bui, 104 Hawai'i 462, 465 , 92 P.3d 471, 474 (2004) (internal quotation marks and citations omitted).	2	2
Bates v. State Bar of Arizonagreen scotus · 1977 · cited in 2 Hawaii opinions naming this issue, 1981–1981 2 sentences 1981See also Bates v. State Bar of Arizona, 433 U.S. 350, 380 (1977). 18 However, we do not reach the issue of the constitutionality of HRS § 712-1216’s application to § 712-1215, Promoting pornography for minors. 19 The Penal Code Commentary on § 712-1214 reads in relevant part: It should be pointed out that the definition of the offense provides that the accused must act knowingly with respect to the pornographic context and character of the material he disseminates or the performance he presents, directs, or in which he participates. 1981Bates v. State Bar of Arizona, 433 U.S. 350, 380-81 (1977); Ohralik v. Ohio State Bar Ass’n 436 U.S. 447 , 462-63 n.20 (1978).	2	2
State v. Gaylordgreen haw · 1995 · cited in 3 Hawaii opinions naming this issue, 1998–2007 2 sentences 2007Whether the Camping Ordinance and the Camping Ms Are Constitutionally Overbroad “The doctrine of overbreadth, although closely related to a vagueness claim, is distinct in that while a statute may be clear and precise in its terms, it may sweep so broadly that constitutionally protected conduct as well as unprotected conduct is included in its proscriptions.” State v. Gaylord, 78 Hawai'i 127, 142 , 890 P.2d 1167, 1182 (1995) (quoting State v. Kaneakua, 61 Haw. 136, 143 , 597 P.2d 590, 594 (1979) (quotation marks omitted)). 2007Whether the Camping Ordinance and the Camping Ms Are Constitutionally Overbroad “The doctrine of overbreadth, although closely related to a vagueness claim, is distinct in that while a statute may be clear and precise in its terms, it may sweep so broadly that constitutionally protected conduct as well as unprotected conduct is included in its proscriptions.” State v. Gaylord, 78 Hawai'i 127, 142 , 890 P.2d 1167, 1182 (1995) (quoting State v. Kaneakua, 61 Haw. 136, 143 , 597 P.2d 590, 594 (1979) (quotation marks omitted)).	1	3
State v. Manzogreen haw · 1977 · cited in 3 Hawaii opinions naming this issue, 1981–1982 2 sentences 1981But where the First Amendment is involved an exception to this rule has been created (the overbreadth doctrine) pursuant to which it is sufficient, in order to establish facial invalidity, merely to show that the challenged statute is broad enough in its terms to suppress protected speech, without the need of showing that the specific conduct before the court is protected. 58 Haw. at 445 , 573 P.2d at 949 (citations omitted). 1981But where the First Amendment is involved an exception to this rule has been created (the overbreadth doctrine) pursuant to which it is sufficient, in order to establish facial invalidity, merely to show that the challenged statute is broad enough in its terms to suppress protected speech, without the need of showing that the specific conduct before the court is protected. 58 Haw. at 445 , 573 P.2d at 949 (citations omitted).	1	3
Tauese v. State, Department of Labor & Industrial Relationsgreen haw · 2006 · cited in 2 Hawaii opinions naming this issue, 2007–2014 2 sentences 2014See Tauese, 113 Hawai#i at 28, 147 P.3d at 812 . 2007Relations, 113 Hawai'i 1 , 28 n. 27, 147 P.3d 785 , 811 n. 27 (2006) (quoting State v. Bui, 104 Hawai'i 462, 465 , 92 P.3d 471, 474 (2004) (internal quotation marks and citations omitted)).	1	2
State v. Guidrygreen haw · 2004 · cited in 1 Hawaii opinions naming this issue, 2020–2020 2 sentences 2020See Alangcas, 134 Hawai#i at 527, 345 P.3d at 193 ; State v. Guidry, 105 Hawai#i 222, 240, 96 P.3d 242, 260 (2004) (finding that because the defendant was a person as to whom a statute directly applied, he does not have standing to assert an overbreadth challenge based on hypothetical applications of the statute). 2020See Alangcas, 134 Hawai#i at 527, 345 P.3d at 193 ; State v. Guidry, 105 Hawai#i 222, 240, 96 P.3d 242, 260 (2004) (finding that because the defendant was a person as to whom a statute directly applied, he does not have standing to assert an overbreadth challenge based on hypothetical applications of the statute).	1	1
State v. Richiegreen haw · 1998 · cited in 1 Hawaii opinions naming this issue, 2006–2006 2 sentences 2006Id. at 32 , 960 P.2d at 1240 (internal quotation marks and citation omitted). 2006Id. at 32 , 960 P.2d at 1240 (internal quotation marks and citation omitted).	1	1
State v. Sturchgreen hawapp · 1996 · cited in 1 Hawaii opinions naming this issue, 2004–2004 2 sentences 2004See Sturch, 82 Hawai'i at 275 , 921 P.2d at 1176 . 2004See Sturch, 82 Hawai'i at 275 , 921 P.2d at 1176 .	1	1
State v. Kameenuigreen haw · 1988 · cited in 1 Hawaii opinions naming this issue, 1995–1995 2 sentences 1995See also Kameenui, 69 Haw. at 623 , 753 P.2d at 1252 ; Kam, 69 Haw. at 487, 748 P.2d at 375 . 1995See also Kameenui, 69 Haw. at 623 , 753 P.2d at 1252 ; Kam, 69 Haw. at 487, 748 P.2d at 375 .	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (12)

Case	Cited	Years
Hoffman Estates v. Flipside, Hoffman Estates, Inc. green scotus · 1982 2 sentences 2015“If it does not, then the overbreadth challenge must fail.” Hoffman, 455 U.S. at 494 , 102 S.Ct. 1186 . 2015“If it does not, then the overbreadth challenge must fail.” Hoffman, 455 U.S. at 494 , 102 S.Ct. 1186 .	3	2007–2016
Kolender v. Lawson green scotus · 1983 2 sentences 2015Kolender, 461 U.S. at 358 n. 8, 103 S.Ct. 1855 . 25 . 2007Although its “concern ... [was] based upon the ‘potential for arbitrarily suppressing First Amendment liberties[,]’ ” id. (quoting Shuttlesworth v. City of Birmingham, 382 U.S. 87, 91 , 86 S.Ct. 211 , 15 L.Ed.2d 176 (1965)), the Court declared that the statute “[i]n addition, ... implicates consideration of the constitutional right to freedom of movement [,] ” id. (citations and footnote omitted) (emphasis added), and, thus, involved an overbreadth violation.	2	2007–2015
Shuttlesworth v. City of Birmingham green scotus · 1966 2 sentences 2007Although its “concern ... [was] based upon the ‘potential for arbitrarily suppressing First Amendment liberties[,]’ ” id. (quoting Shuttlesworth v. City of Birmingham, 382 U.S. 87, 91 , 86 S.Ct. 211 , 15 L.Ed.2d 176 (1965)), the Court declared that the statute “[i]n addition, ... implicates consideration of the constitutional right to freedom of movement [,] ” id. (citations and footnote omitted) (emphasis added), and, thus, involved an overbreadth violation. 2007Although its “concern ... [was] based upon the ‘potential for arbitrarily suppressing First Amendment liberties[,]’ ” id. (quoting Shuttlesworth v. City of Birmingham, 382 U.S. 87, 91 , 86 S.Ct. 211 , 15 L.Ed.2d 176 (1965)), the Court declared that the statute “[i]n addition, ... implicates consideration of the constitutional right to freedom of movement [,] ” id. (citations and footnote omitted) (emphasis added), and, thus, involved an overbreadth violation.	1	2007–2007
Tobe v. City of Santa Ana green cal · 1995 1 sentence 2007As to an overbreadth challenge, the California court indicated that “[njeither the ... plaintiffs nor the ... petitioners have identified a constitutionally protected right that is impermissibly restricted by application or threatened application of the ordinance.” Id. at 426, 892 P.2d at 1169 .	1	2007–2007
State v. Kane green haw · 1998 2 sentences 2004This court, in State v. Kane, 87 Hawai'i 71 , 951 P.2d 934 (1998), explained that a defendant who raises an overbreadth claim must establish that he or she is personally affected: “The doctrine of overbreadth, although closely related to a vagueness claim, is distinct in that while a statute may be clear and precise in its terms, it may sweep so broadly that constitutionally protected conduct is included in its proscriptions.” [State v.]Gaylord, 78 Hawai'i [127,] 142, 890 P.2d [1167,] 1182 [ (1995) ]. 2004This court, in State v. Kane, 87 Hawai'i 71 , 951 P.2d 934 (1998), explained that a defendant who raises an overbreadth claim must establish that he or she is personally affected: “The doctrine of overbreadth, although closely related to a vagueness claim, is distinct in that while a statute may be clear and precise in its terms, it may sweep so broadly that constitutionally protected conduct is included in its proscriptions.” [State v.]Gaylord, 78 Hawai'i [127,] 142, 890 P.2d [1167,] 1182 [ (1995) ].	1	2004–2004
State v. Kam green haw · 1988 2 sentences 1995See also Kameenui, 69 Haw. at 623 , 753 P.2d at 1252 ; Kam, 69 Haw. at 487, 748 P.2d at 375 . 1995See also Kameenui, 69 Haw. at 623 , 753 P.2d at 1252 ; Kam, 69 Haw. at 487, 748 P.2d at 375 .	1	1995–1995
Ohralik v. Ohio State Bar Assn. green scotus · 1978 1 sentence 1981Bates v. State Bar of Arizona, 433 U.S. 350, 380-81 (1977); Ohralik v. Ohio State Bar Ass’n 436 U.S. 447 , 462-63 n.20 (1978).	1	1981–1981
State v. Shigematsu green haw · 1971 2 sentences 1979Grayned v. City of Rockford, supra; State v. Manzo, supra; State v. Marley, supra. In State v. Shigematsu, 52 Haw. 604 , 483 P.2d 997 (1971), this court examined a statute which proscribed presence in a “barricaded place” where gambling implements were exhibited. 1979Grayned v. City of Rockford, supra; State v. Manzo, supra; State v. Marley, supra. In State v. Shigematsu, 52 Haw. 604 , 483 P.2d 997 (1971), this court examined a statute which proscribed presence in a “barricaded place” where gambling implements were exhibited.	1	1979–1979
State v. Marley green haw · 1973 1 sentence 1979Grayned v. City of Rockford, supra; State v. Manzo, supra; State v. Marley, supra. In State v. Shigematsu, 52 Haw. 604 , 483 P.2d 997 (1971), this court examined a statute which proscribed presence in a “barricaded place” where gambling implements were exhibited.	1	1979–1979
Grayned v. City of Rockford green scotus · 1972 1 sentence 1979Grayned v. City of Rockford, supra; State v. Manzo, supra; State v. Marley, supra. In State v. Shigematsu, 52 Haw. 604 , 483 P.2d 997 (1971), this court examined a statute which proscribed presence in a “barricaded place” where gambling implements were exhibited.	1	1979–1979
Gooding v. Wilson green scotus · 1972 1 sentence 1977Gooding v. Wilson, 405 U.S. 518(1972); Bigelow v. Virginia, 421 U.S. 809 (1975).	1	1977–1977
Bigelow v. Virginia green scotus · 1975 1 sentence 1977Gooding v. Wilson, 405 U.S. 518(1972); Bigelow v. Virginia, 421 U.S. 809 (1975).	1	1977–1977

Statutes the citing opinions construe

HI § Haw. Rev. Stat. § 702-204 (6) HI § Haw. Rev. Stat. § 705-500 (5) HI § Haw. Rev. Stat. § 707-730 (4) HI § Haw. Rev. Stat. § 701-107 (3) HI § Haw. Rev. Stat. § 706-660 (3) HI § Haw. Rev. Stat. § 707-700 (3) HI § Haw. Rev. Stat. § 707-732 (3) HI § Haw. Rev. Stat. § 712-1215 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 249 (1971–2026) TX 204 (1984–2026) IL 89 (1980–2025) WA 83 (1971–2021) OH 81 (1972–2026) FL 70 (1973–2023) CO 52 (1979–2026) WI 47 (1978–2021) MN 46 (1976–2019) PA 43 (1979–2026) NJ 42 (1979–2026) MI 29 (1979–2024) OR 29 (1980–2025) MA 28 (1975–2022) KS 27 (1979–2026) ID 26 (1985–2026) AL 24 (1983–2015) NY 23 (1978–2025) CT 23 (1977–2026) IA 22 (1973–2024) MO 22 (1976–2025) NV 21 (1981–2024) IN 21 (1976–2024) HI 20 (1977–2020) AZ 19 (1982–2026) VA 19 (1988–2024) LA 16 (1984–2025) UT 16 (1983–2021) OK 14 (1974–2025) NE 14 (1983–2024) TN 14 (1993–2026) ND 13 (1982–2025) DC 13 (1981–2016) AK 12 (1974–2006) MD 11 (1988–2025) NC 11 (1978–2015) NM 11 (1993–2021) KY 10 (1985–2021) RI 10 (1977–2012) NH 9 (1973–2025) GA 9 (1983–2024) MS 8 (1989–2024) MT 7 (1994–2016) AR 7 (1998–2026) DE 7 (1988–2024) SC 6 (1997–2012) SD 5 (2003–2014) WY 4 (2004–2019) WV 3 (1982–2016) VT 2 (2013–2021) ME 2 (1985–2022)

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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