vagueness test (Arkansas) · Go Syfert
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vagueness test in Arkansas

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.

Followed or applied (3)

CaseFollowedCited
Kale v. Arkansas State Medical Boardgreen
ark · 2006 · cited in 2 Arkansas opinions naming this issue, 2010–2010
2 sentences

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.”).

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.”).

22
United States v. Woodsgreen
ca3 · 1990 · cited in 2 Arkansas opinions naming this issue, 2010–2010
2 sentences

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.”).

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.”).

22
Benton County Stone Co. v. Benton County Planning Boardgreen
ark · 2008 · cited in 2 Arkansas opinions naming this issue, 2010–2010
2 sentences

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).

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).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Hoffman Estates v. Flipside, Hoffman Estates, Inc. green
scotus · 1982
2 sentences

2008Craft, 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)).

41996–2008
Planned Parenthood Of Minnesota v. The State Of Minnesota green
ca8 · 1990
2 sentences

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.

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.

31998–2000
United States v. Allied Oil Corp. green
scotus · 1951
1 sentence

2015Id.

12015–2015
Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation green
cadc · 1970
1 sentence

2011Id.

12011–2011
Craft v. City of Fort Smith green
ark · 1998
2 sentences

2010Craft, 335 Ark. 417 , 984 S.W.2d 22 .

2010Craft, 335 Ark. 417 , 984 S.W.2d 22 .

12010–2010
Republican Party of Minnesota v. White green
scotus · 2002
1 sentence

2003We 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).

12003–2003
Thompson v. Arkansas Social Services green
ark · 1984
2 sentences

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.

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.

12003–2003
Payne v. Tennessee green
scotus · 1991
2 sentences

1996Payne 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).

11996–1996
Todd Maroney v. University Interscholastic League green
ca5 · 1985
1 sentence

1996Maroney v. University Interscholastic League, 764 F.2d 403 (5th Cir. 1985), citing Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489 (1982).

11996–1996
Kolender v. Lawson green
scotus · 1983
2 sentences

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.

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.

11987–1987

Where else courts name it

CA 356 (1975–2026) WA 312 (1973–2026) TX 223 (1969–2026) IL 160 (1980–2026) CT 116 (1978–2026) OH 102 (1973–2026) CO 99 (1973–2026) FL 91 (1973–2025) NY 87 (1969–2026) NJ 79 (1979–2026) PA 77 (1976–2026) OR 75 (1976–2025) MI 70 (1906–2026) WI 67 (1979–2026) GA 57 (1981–2026) IA 52 (1976–2024) MO 48 (1977–2024) IN 46 (1979–2026) AZ 45 (1978–2026) MA 44 (1958–2026) NM 44 (1971–2023) NV 37 (1987–2026) MN 37 (1973–2024) MD 36 (1976–2024) TN 35 (1973–2025) KS 30 (1978–2026) ID 29 (1985–2025) DC 29 (1972–2021) VA 29 (1975–2024) AL 28 (1982–2016) ND 24 (1975–2025) NE 21 (1897–2023) UT 20 (1988–2026) ME 19 (1981–2024) HI 18 (1919–2019) AK 17 (1972–2026) AR 14 (1987–2015) MS 13 (1985–2020) NH 13 (1974–2025) LA 13 (1985–2023) WV 13 (1982–2023) WY 12 (1979–2014) DE 11 (1978–2024) RI 11 (1978–2015) NC 10 (1981–2026) KY 10 (1985–2020) VT 10 (1999–2026) MT 9 (1994–2026) SC 6 (1990–2025) OK 5 (1978–2005) SD 5 (2003–2014)

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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