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8 Virginia opinions name it 3 courts 2002–2025 5 in the last five years
The cases below were cited by Virginia 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 |
|---|---|---|
Walton v. Commonwealthgreen2 sentences2022See Walton v. Commonwealth, 24 Va. App. 757, 761 (1997); Alston v. Commonwealth, 49 Va. App. 115, 122 (2006); Henderson, 59 Va. App. at 665 n.5. 2022See Walton v. Commonwealth, 24 Va. App. 757, 761 (1997); Alston v. Commonwealth, 49 Va. App. 115, 122 (2006); Henderson, 59 Va. App. at 665 n.5. | 3 | 3 |
Alston v. Commonwealthgreen2 sentences2022See Walton v. Commonwealth, 24 Va. App. 757, 761 (1997); Alston v. Commonwealth, 49 Va. App. 115, 122 (2006); Henderson, 59 Va. App. at 665 n.5. 2022See Walton v. Commonwealth, 24 Va. App. 757, 761 (1997); Alston v. Commonwealth, 49 Va. App. 115, 122 (2006); Henderson, 59 Va. App. at 665 n.5. | 3 | 3 |
Hess v. Snyder Hunt Corp.green1 sentence2025“All actions of the General Assembly are presumed to be constitutional.” Hess v. Snyder Hunt Corp., 240 Va. 49, 52 (1990). | 1 | 1 |
Shin v. Commonwealthgreen2 sentences2024Instead, the “litigant must first show ‘that - 17 - the statute in question is unconstitutional as applied to him. [I]f a statute is constitutional as applied to a litigant, he . . . lacks standing to assert a facial constitutional challenge to it, and the statute is not facially unconstitutional because it has at least one constitutional application.’” Shin, 294 Va. at 526 (alteration in original) (quoting Toghill, 289 Va. at 228). 2024“We review questions of statutory constitutionality de novo,” Toghill v. Commonwealth, 289 Va. 220 , 227 (2015), including “a facial constitutional challenge” based on the void-for-vagueness doctrine, Shin v. Commonwealth, 294 Va. 517, 526 (2017). | 1 | 1 |
Roberts v. Virginia State Bargreen2 sentences2024“When a party makes a vagueness challenge, he generally cannot argue vagaries in aspects of the challenged law that do not directly affect him—a legal claim often called a ‘facial challenge.’” Roberts v. Va. State Bar, 296 Va. 105, 123 (2018) (collecting cases). 2024“The only recognized exception to this general rule involves vagueness challenges to laws that allegedly violate First Amendment rights.” Roberts, 296 Va. at 124 . | 1 | 1 |
Washington State Grange v. Washington State Republican Partygreen1 sentence2017Before a litigant can mount a successful facial challenge to a statute, that litigant must first show "that the statute in question is unconstitutional as applied to him." Id. at 228, 768 S.E.2d at 678 . "[I]f a statute is constitutional as applied to a litigant, he or she lacks standing to assert a facial constitutional challenge to it, and the statute is not facially unconstitutional because it has at least one constitutional application." Id. | 1 | 1 |
Palko v. Connecticutred2 sentences2002The First Amendment states in part that "Congress shall make no law . . . abridging the freedom of speech." The Supreme Court has stated that this "freedom is among the fundamental personal rights and liberties which are protected by the Fourteenth Amendment from invasion by state action; and municipal ordinances adopted under state authority constitute state action." Staub v. City of Baxley, 355 U.S. 313, 321 , 78 S.Ct. 277 , 2 L.Ed.2d 302 (1958); accord Palko v. Connecticut, 302 U.S. 319, 324-25 , 58 S.Ct. 149 , 82 L.Ed. 288 (1937), overruled on other grounds, Benton v. Maryland, 395 U.S. 78 2002The First Amendment states in part that "Congress shall make no law . . . abridging the freedom of speech." The Supreme Court has stated that this "freedom is among the fundamental personal rights and liberties which are protected by the Fourteenth Amendment from invasion by state action; and municipal ordinances adopted under state authority constitute state action." Staub v. City of Baxley, 355 U.S. 313, 321 , 78 S.Ct. 277 , 2 L.Ed.2d 302 (1958); accord Palko v. Connecticut, 302 U.S. 319, 324-25 , 58 S.Ct. 149 , 82 L.Ed. 288 (1937), overruled on other grounds, Benton v. Maryland, 395 U.S. 78 | 1 | 1 |
Benton v. Marylandgreen2 sentences2002The First Amendment states in part that "Congress shall make no law . . . abridging the freedom of speech." The Supreme Court has stated that this "freedom is among the fundamental personal rights and liberties which are protected by the Fourteenth Amendment from invasion by state action; and municipal ordinances adopted under state authority constitute state action." Staub v. City of Baxley, 355 U.S. 313, 321 , 78 S.Ct. 277 , 2 L.Ed.2d 302 (1958); accord Palko v. Connecticut, 302 U.S. 319, 324-25 , 58 S.Ct. 149 , 82 L.Ed. 288 (1937), overruled on other grounds, Benton v. Maryland, 395 U.S. 78 2002The First Amendment states in part that "Congress shall make no law . . . abridging the freedom of speech." The Supreme Court has stated that this "freedom is among the fundamental personal rights and liberties which are protected by the Fourteenth Amendment from invasion by state action; and municipal ordinances adopted under state authority constitute state action." Staub v. City of Baxley, 355 U.S. 313, 321 , 78 S.Ct. 277 , 2 L.Ed.2d 302 (1958); accord Palko v. Connecticut, 302 U.S. 319, 324-25 , 58 S.Ct. 149 , 82 L.Ed. 288 (1937), overruled on other grounds, Benton v. Maryland, 395 U.S. 78 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Henderson v. Commonwealth
green
2 sentences2022See Walton v. Commonwealth, 24 Va. App. 757, 761 (1997); Alston v. Commonwealth, 49 Va. App. 115, 122 (2006); Henderson, 59 Va. App. at 665 n.5. 2022See Walton v. Commonwealth, 24 Va. App. 757, 761 (1997); Alston v. Commonwealth, 49 Va. App. 115, 122 (2006); Henderson, 59 Va. App. at 665 n.5. | 3 | 2022–2022 |
County Court of Ulster Cty. v. Allen
green
1 sentence2006Ulster, supra, at 154-55 . | 1 | 2006–2006 |
Wilson v. Commonwealth
green
2 sentences2006However, under Wilson v. Commonwealth, 225 Va. 33 , 301 S.E.2d 1 (1983), the court is required to analyze the rebuttable presumptions at issue as permissive inferences, as to which the defendant has no standing to make a facial constitutional challenge. 2006However, under Wilson v. Commonwealth, 225 Va. 33 , 301 S.E.2d 1 (1983), the court is required to analyze the rebuttable presumptions at issue as permissive inferences, as to which the defendant has no standing to make a facial constitutional challenge. | 1 | 2006–2006 |
Stromberg v. California
green
2 sentences2002The First Amendment states in part that "Congress shall make no law . . . abridging the freedom of speech." The Supreme Court has stated that this "freedom is among the fundamental personal rights and liberties which are protected by the Fourteenth Amendment from invasion by state action; and municipal ordinances adopted under state authority constitute state action." Staub v. City of Baxley, 355 U.S. 313, 321 , 78 S.Ct. 277 , 2 L.Ed.2d 302 (1958); accord Palko v. Connecticut, 302 U.S. 319, 324-25 , 58 S.Ct. 149 , 82 L.Ed. 288 (1937), overruled on other grounds, Benton v. Maryland, 395 U.S. 78 2002The First Amendment states in part that "Congress shall make no law . . . abridging the freedom of speech." The Supreme Court has stated that this "freedom is among the fundamental personal rights and liberties which are protected by the Fourteenth Amendment from invasion by state action; and municipal ordinances adopted under state authority constitute state action." Staub v. City of Baxley, 355 U.S. 313, 321 , 78 S.Ct. 277 , 2 L.Ed.2d 302 (1958); accord Palko v. Connecticut, 302 U.S. 319, 324-25 , 58 S.Ct. 149 , 82 L.Ed. 288 (1937), overruled on other grounds, Benton v. Maryland, 395 U.S. 78 | 1 | 2002–2002 |
Gitlow v. New York
green
2 sentences2002The First Amendment states in part that "Congress shall make no law . . . abridging the freedom of speech." The Supreme Court has stated that this "freedom is among the fundamental personal rights and liberties which are protected by the Fourteenth Amendment from invasion by state action; and municipal ordinances adopted under state authority constitute state action." Staub v. City of Baxley, 355 U.S. 313, 321 , 78 S.Ct. 277 , 2 L.Ed.2d 302 (1958); accord Palko v. Connecticut, 302 U.S. 319, 324-25 , 58 S.Ct. 149 , 82 L.Ed. 288 (1937), overruled on other grounds, Benton v. Maryland, 395 U.S. 78 2002The First Amendment states in part that "Congress shall make no law . . . abridging the freedom of speech." The Supreme Court has stated that this "freedom is among the fundamental personal rights and liberties which are protected by the Fourteenth Amendment from invasion by state action; and municipal ordinances adopted under state authority constitute state action." Staub v. City of Baxley, 355 U.S. 313, 321 , 78 S.Ct. 277 , 2 L.Ed.2d 302 (1958); accord Palko v. Connecticut, 302 U.S. 319, 324-25 , 58 S.Ct. 149 , 82 L.Ed. 288 (1937), overruled on other grounds, Benton v. Maryland, 395 U.S. 78 | 1 | 2002–2002 |
Staub v. City of Baxley
green
2 sentences2002The First Amendment states in part that "Congress shall make no law . . . abridging the freedom of speech." The Supreme Court has stated that this "freedom is among the fundamental personal rights and liberties which are protected by the Fourteenth Amendment from invasion by state action; and municipal ordinances adopted under state authority constitute state action." Staub v. City of Baxley, 355 U.S. 313, 321 , 78 S.Ct. 277 , 2 L.Ed.2d 302 (1958); accord Palko v. Connecticut, 302 U.S. 319, 324-25 , 58 S.Ct. 149 , 82 L.Ed. 288 (1937), overruled on other grounds, Benton v. Maryland, 395 U.S. 78 2002The First Amendment states in part that "Congress shall make no law . . . abridging the freedom of speech." The Supreme Court has stated that this "freedom is among the fundamental personal rights and liberties which are protected by the Fourteenth Amendment from invasion by state action; and municipal ordinances adopted under state authority constitute state action." Staub v. City of Baxley, 355 U.S. 313, 321 , 78 S.Ct. 277 , 2 L.Ed.2d 302 (1958); accord Palko v. Connecticut, 302 U.S. 319, 324-25 , 58 S.Ct. 149 , 82 L.Ed. 288 (1937), overruled on other grounds, Benton v. Maryland, 395 U.S. 78 | 1 | 2002–2002 |
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.
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.