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14 Arkansas opinions name it 3 courts 1987–2015 0 in the last five years
The cases below were cited by Arkansas 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.
| Case | Followed | Cited |
|---|---|---|
Kale v. Arkansas State Medical Boardgreen2 sentences2010See, e.g., United States v. Woods, 915 F.2d 854, 862 (3d Cir.1990) (“[0]utside of the First Amendment context, a party has standing to raise a vagueness challenge only if the challenged statute is vague as to that party’s conduct.”) cf. Kale v. Arkansas State Medical Bd., 367 Ark. 151, 157 , 238 S.W.3d 89, 93 (2006) (“When challenging the constitutionality of a statute on the grounds of vagueness, the individual challenging the statute must be one of the ‘entrapped innocent,’ who has not received fair warning.”). 2010See, e.g., United States v. Woods, 915 F.2d 854, 862 (3d Cir.1990) (“[0]utside of the First Amendment context, a party has standing to raise a vagueness challenge only if the challenged statute is vague as to that party’s conduct.”) cf. Kale v. Arkansas State Medical Bd., 367 Ark. 151, 157 , 238 S.W.3d 89, 93 (2006) (“When challenging the constitutionality of a statute on the grounds of vagueness, the individual challenging the statute must be one of the ‘entrapped innocent,’ who has not received fair warning.”). | 2 | 2 |
United States v. Woodsgreen2 sentences2010See, e.g., United States v. Woods, 915 F.2d 854, 862 (3d Cir.1990) (“[0]utside of the First Amendment context, a party has standing to raise a vagueness challenge only if the challenged statute is vague as to that party’s conduct.”) cf. Kale v. Arkansas State Medical Bd., 367 Ark. 151, 157 , 238 S.W.3d 89, 93 (2006) (“When challenging the constitutionality of a statute on the grounds of vagueness, the individual challenging the statute must be one of the ‘entrapped innocent,’ who has not received fair warning.”). 2010See, e.g., United States v. Woods, 915 F.2d 854, 862 (3d Cir.1990) (“[Ojutside of the First Amendment context, a party has standing to raise a vagueness challenge only if the challenged statute is vague as to that party’s conduct.”); cf. Kale v. Arkansas State Medical Bd., 367 Ark. 151, 157 , 238 S.W.3d 89, 93 (2006) (‘When challenging the constitutionality of a statute on the grounds of vagueness, the individual challenging the statute must be one of the ‘entrapped innocent,’ who has not received fair warning.”). | 2 | 2 |
Benton County Stone Co. v. Benton County Planning Boardgreen2 sentences2010This court has recognized that a law is unconstitutionally vague if it “either forbids or requires the doing of an act in terms so vague that persons of ordinary intelligence must necessarily guess at its meaning and differ as to its application.” Benton County Stone Co., Inc. v. Benton County Planning Bd., 374 Ark. 519, 523 , 288 S.W.3d 653, 656 (2008). 2010This court has recognized that a law is unconstitutionally vague if it “either forbids or requires the doing of an act in terms so vague that persons of ordinary intelligence must necessarily guess at its meaning and differ as to its application.” Benton County Stone Co., Inc. v. Benton County Planning Bd., 374 Ark. 519, 523 , 288 S.W.3d 653, 656 (2008). | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hoffman Estates v. Flipside, Hoffman Estates, Inc.
green
2 sentences2008Craft, supra (citing Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489 (1982)). 2003Craft, supra (citing Village of Hoffman Estates v. Flipside, Hoffman Estates, 455 U.S. 489 , 102 S.Ct. 1186 , 71 L.Ed.2d 362 (1982)). | 4 | 1996–2008 |
Planned Parenthood Of Minnesota v. The State Of Minnesota
green
2 sentences2000Likewise, in Planned Parenthood of Minnesota v. State of Minnesota, 910 F.2d 479 (8th Cir.1990), the Eighth Circuit required those who brought a pre-enforcement facial challenge to a fetal disposal law to demonstrate that the "law is impermissibly vague in all of its applications" and that "the statute could never be applied in a valid manner." The subject matter of the challenged law also determines how stringently the vagueness test will be applied. 2000Likewise, in Planned Parenthood of Minnesota v. State of Minnesota, 910 F.2d 479 (8th Cir. 1990), the Eighth Circuit required those who brought a pre-enforcement facial challenge to a fetal disposal law to demonstrate that the “law is impermissibly vague in all of its applications” and that “the statute could never be applied in a valid manner.” The subject matter of the challenged law also determines how stringently the vagueness test will be applied. | 3 | 1998–2000 |
United States v. Allied Oil Corp.
green
1 sentence2015Id. | 1 | 2015–2015 |
Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation
green
1 sentence2011Id. | 1 | 2011–2011 |
Craft v. City of Fort Smith
green
2 sentences2010Craft, 335 Ark. 417 , 984 S.W.2d 22 . 2010Craft, 335 Ark. 417 , 984 S.W.2d 22 . | 1 | 2010–2010 |
Republican Party of Minnesota v. White
green
1 sentence2003We hold that the “judge’s interests” exception is vague and unclear. f Judicial Free Speech We turn next to the issue of judicial free speech and the recent United States Supreme Court decision of Republican Party of Minnesota v. White, 536 U.S. 765 (2002). | 1 | 2003–2003 |
Thompson v. Arkansas Social Services
green
2 sentences2003Thompson v. Arkansas Social Servs., 282 Ark. 369 , 669 S.W2d 878 (1984).The subject matter of the challenged law also determines how stringently the vagueness test will be applied. 2003Thompson v. Arkansas Social Servs., 282 Ark. 369 , 669 S.W2d 878 (1984).The subject matter of the challenged law also determines how stringently the vagueness test will be applied. | 1 | 2003–2003 |
Payne v. Tennessee
green
2 sentences1996Payne v. Tennessee, 501 U.S. 808 [ 111 S.Ct. 2597 , 115 L.Ed.2d 720 ] (1991). 1996Payne v. Tennessee, 501 U.S. 808 [ 111 S.Ct. 2597 , 115 L.Ed.2d 720 ] (1991). | 1 | 1996–1996 |
Todd Maroney v. University Interscholastic League
green
1 sentence1996Maroney v. University Interscholastic League, 764 F.2d 403 (5th Cir. 1985), citing Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489 (1982). | 1 | 1996–1996 |
Kolender v. Lawson
green
2 sentences1987Appellant argues, however, that the Miller majority was slim; that the composition of the Supreme Court of the United States has changed since 1973; and that in the more recent case of Kolender v. Lawson, 461 U.S. 352 , 103 S.Ct. 1855 , 75 L.Ed.2d 903 (1983), the Supreme Court has established a new vagueness analysis under which the critical inquiry is whether an allegedly vague statute encourages arbitrary, discriminatory enforcement by police, prosecutors, judges, and juries. 1987Appellant argues, however, that the Miller majority was slim; that the composition of the Supreme Court of the United States has changed since 1973; and that in the more recent case of Kolender v. Lawson, 461 U.S. 352 , 103 S.Ct. 1855 , 75 L.Ed.2d 903 (1983), the Supreme Court has established a new vagueness analysis under which the critical inquiry is whether an allegedly vague statute encourages arbitrary, discriminatory enforcement by police, prosecutors, judges, and juries. | 1 | 1987–1987 |
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.