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8 Mississippi opinions name it 2 courts 1989–2024 1 in the last five years
The cases below were cited by Mississippi 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 |
|---|---|---|
Thornhill v. Alabamagreen2 sentences2024The United States Supreme Court has cautioned that the overbreadth doctrine is “strong medicine” and should be “employed . . . with hesitation, and then ‘only as a last resort.’” Id. (quoting New York v. Ferber, 458 U.S. 747, 769 (1982)). 2002Thornhill v. Alabama, 310 U.S. 88, 97 , 60 S.Ct. 736, 741-42 , 84 L.Ed. 1093, 1099-1100 (1940). | 2 | 3 |
Jones v. City of Meridiangreen2 sentences2002This Court in Jones v. City of Meridian, 552 So.2d 820, 824 (Miss.1989), also addressed the overbreadth doctrine and stated the following: Under the "overbreadth doctrine," a statute may be invalidated if it is fairly capable of being utilized to regulate, burden, or punish constitutionally-protected speech or conduct. 2000This Court in Jones v. City of Meridian, 552 So.2d 820, 824 (Miss 1989), also addressed the overbreadth doctrine and stated the following: Under the "overbreadth doctrine," a statute may be invalidated if it is fairly capable of being utilized to regulate, burden, or punish constitutionally- protected speech or conduct. | 2 | 2 |
Mississippi HS Activities Ass'n v. Colemangreen2 sentences1997Mississippi High School Activities Ass’n, Inc. v. Coleman, 631 So.2d 768, 778 (Miss.1994). ¶ 9. 1995Mississippi High School Activities Ass'n, Inc. v. Coleman, 631 So. 2d 768, 778 (Miss. 1994). ¶9. | 2 | 2 |
New York v. Ferbergreen2 sentences2024The United States Supreme Court has cautioned that the overbreadth doctrine is “strong medicine” and should be “employed . . . with hesitation, and then ‘only as a last resort.’” Id. (quoting New York v. Ferber, 458 U.S. 747, 769 (1982)). 2024To succeed on his claim that the statute is unconstitutionally overbroad, Carpenter “must demonstrate from the text of the statute and actual fact that the statute’s overbreadth is both real and substantial and there are a number of instances where the law cannot be applied constitutionally.” Id. (citing New York State Club Ass’n v. City of New York, 487 U.S. 1, 14 (1988)). ¶18. | 1 | 1 |
New York State Club Assn., Inc. v. City of New Yorkgreen1 sentence2024To succeed on his claim that the statute is unconstitutionally overbroad, Carpenter “must demonstrate from the text of the statute and actual fact that the statute’s overbreadth is both real and substantial and there are a number of instances where the law cannot be applied constitutionally.” Id. (citing New York State Club Ass’n v. City of New York, 487 U.S. 1, 14 (1988)). ¶18. | 1 | 1 |
Miller v. Stategreen1 sentence2007Miller v. State, 636 So.2d 391, 395 (Miss.1994) (quoting Zwickler v. Koota, 389 U.S. 241, 249-50 , 88 S.Ct. 391 , 19 L.Ed.2d 444 (1967)). ¶ 7. | 1 | 1 |
Wheeler v. Arriolagreen1 sentence1997Wheeler v. Arriola, 408 So.2d 1381, 1383 (Miss.1982) (enunciating standard of misconduct that will preclude an award of benefits). 2 Finally, I would like to address the majority’s conclusion that Bullock does not have standing to raise an overbreadth challenge to this statute’s restraints on people’s First Amendment rights. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Zwickler v. Koota
green
2 sentences2007Miller v. State, 636 So.2d 391, 395 (Miss.1994) (quoting Zwickler v. Koota, 389 U.S. 241, 249-50 , 88 S.Ct. 391 , 19 L.Ed.2d 444 (1967)). ¶ 7. 2007Miller v. State, 636 So.2d 391, 395 (Miss.1994) (quoting Zwickler v. Koota, 389 U.S. 241, 249-50 , 88 S.Ct. 391 , 19 L.Ed.2d 444 (1967)). ¶ 7. | 1 | 2007–2007 |
Broadrick v. Oklahoma
green
2 sentences1989Notably, the majority singled out "breach of peace" statutes as an example of this premise; prosecutions under these statutes should generally be decided on whether the defendant's own conduct could constitutionally be restricted not on whether other speech or conduct could fall within statutory language. "[W]hatever overbreadth may exist should be cured through case-by-case analysis of the fact situations to which its sanctions, assertedly, may not be applied." Broadrick, *824 413 U.S. at 615-16 , 93 S.Ct. at 2918 , 37 L.Ed.2d at 842 . 1989Notably, the majority singled out "breach of peace" statutes as an example of this premise; prosecutions under these statutes should generally be decided on whether the defendant's own conduct could constitutionally be restricted not on whether other speech or conduct could fall within statutory language. "[W]hatever overbreadth may exist should be cured through case-by-case analysis of the fact situations to which its sanctions, assertedly, may not be applied." Broadrick, *824 413 U.S. at 615-16 , 93 S.Ct. at 2918 , 37 L.Ed.2d at 842 . | 1 | 1989–1989 |
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.