over-breadth analysis in Wisconsin

8 Wisconsin opinions name it 2 courts 1982–2012 0 in the last five years

The cases below were cited by Wisconsin 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 (7)

Case	Followed	Cited
Broadrick v. Oklahomagreen scotus · 1973 · cited in 3 Wisconsin opinions naming this issue, 1998–2006 2 sentences 2006We rejected that argument for the following reasons: (1) the over-breadth doctrine is inapplicable when a limiting construction will maintain the legislation's constitutional integrity (citing Broadrick v. Oklahoma, 413 U.S. 601, 613 (1973)); (2) the statute is rationally related to the compelling state interest of protecting the well-being of children; and (3) the overbreadth doctrine is employed only as a last resort (citing New York v. Ferber, 458 U.S. 747, 769 (1982)). 1998As the majority notes, the over-breadth doctrine is a limited exception to the traditional rule of third-party standing that "a person to whom a statute may be constitutionally applied will not be heard to challenge the statute on the ground that it may conceivably be applied unconstitutionally to others, in other situations not before the court." Broadrick, 413 U.S. at 610-11 ; see also Board of Airport Comm'rs of Los Angeles v. Jews for Jesus, 482 U.S. 569, 574 (1987); Brockett v. Spokane Arcades, Inc., 472 U.S. 491, 503-04 (1985); Thiel, 183 Wis. 2d at 520 .	2	3
State v. Thomasgreen wisctapp · 2004 · cited in 1 Wisconsin opinions naming this issue, 2012–2012 2 sentences 2012In State v. Thomas, 2004 WI App 115, ¶¶ 20, 23 , 274 Wis. 2d 513 , 683 N.W.2d 497 , we held that while Article I, § 25 created a fundamental right to keep and bear arms, the right is subject to reasonable restrictions, such as keeping guns out of the hands of felons to further public safety. 2012In State v. Thomas, 2004 WI App 115, ¶¶ 20, 23 , 274 Wis. 2d 513 , 683 N.W.2d 497 , we held that while Article I, § 25 created a fundamental right to keep and bear arms, the right is subject to reasonable restrictions, such as keeping guns out of the hands of felons to further public safety.	1	1
New York v. Ferbergreen scotus · 1982 · cited in 1 Wisconsin opinions naming this issue, 2006–2006 1 sentence 2006We rejected that argument for the following reasons: (1) the over-breadth doctrine is inapplicable when a limiting construction will maintain the legislation's constitutional integrity (citing Broadrick v. Oklahoma, 413 U.S. 601, 613 (1973)); (2) the statute is rationally related to the compelling state interest of protecting the well-being of children; and (3) the overbreadth doctrine is employed only as a last resort (citing New York v. Ferber, 458 U.S. 747, 769 (1982)).	1	1
State v. Thomasgreen wis · 2000 · cited in 1 Wisconsin opinions naming this issue, 2002–2002 2 sentences 2002See Thiel, 184 Wis. 2d at 523 (concluding that the statute is rationally related to its compelling state interest to protect the well-being of youth). [1] All subsequent references to the Wisconsin Statutes are to the 1999-2000 version, unless otherwise indicated. [2] See State v. Thomas, 2000 WI 13, ¶ 23 , 232 Wis. 2d 714 , 605 N.W.2d 836 ; State v. Bangert, 131 Wis. 2d 246, 262 , 389 N.W.2d 12 (1986); White v. State, 85 Wis. 2d 485, 490 , 271 N.W.2d 97 (1978). 2002See Thiel, 184 Wis. 2d at 523 (concluding that the statute is rationally related to its compelling state interest to protect the well-being of youth). [1] All subsequent references to the Wisconsin Statutes are to the 1999-2000 version, unless otherwise indicated. [2] See State v. Thomas, 2000 WI 13, ¶ 23 , 232 Wis. 2d 714 , 605 N.W.2d 836 ; State v. Bangert, 131 Wis. 2d 246, 262 , 389 N.W.2d 12 (1986); White v. State, 85 Wis. 2d 485, 490 , 271 N.W.2d 97 (1978).	1	1
Younger v. Harrisgreen scotus · 1971 · cited in 1 Wisconsin opinions naming this issue, 1998–1998 1 sentence 1998This traditional rule of third-party standing reflects the conviction that "under our constitutional system courts are not roving commissions assigned to pass judgment on the validity of the Nation's laws." Broadrick, 413 U.S. at 610 -11 (citing Younger v. Harris, 401 U.S. 37, 52 (1971)).	1	1
Board of Airport Comm'rs of Los Angeles v. Jews for Jesus, Inc.green scotus · 1987 · cited in 1 Wisconsin opinions naming this issue, 1998–1998 1 sentence 1998As the majority notes, the over-breadth doctrine is a limited exception to the traditional rule of third-party standing that "a person to whom a statute may be constitutionally applied will not be heard to challenge the statute on the ground that it may conceivably be applied unconstitutionally to others, in other situations not before the court." Broadrick, 413 U.S. at 610-11 ; see also Board of Airport Comm'rs of Los Angeles v. Jews for Jesus, 482 U.S. 569, 574 (1987); Brockett v. Spokane Arcades, Inc., 472 U.S. 491, 503-04 (1985); Thiel, 183 Wis. 2d at 520 .	1	1
Brockett v. Spokane Arcades, Inc.green scotus · 1985 · cited in 1 Wisconsin opinions naming this issue, 1998–1998 1 sentence 1998As the majority notes, the over-breadth doctrine is a limited exception to the traditional rule of third-party standing that "a person to whom a statute may be constitutionally applied will not be heard to challenge the statute on the ground that it may conceivably be applied unconstitutionally to others, in other situations not before the court." Broadrick, 413 U.S. at 610-11 ; see also Board of Airport Comm'rs of Los Angeles v. Jews for Jesus, 482 U.S. 569, 574 (1987); Brockett v. Spokane Arcades, Inc., 472 U.S. 491, 503-04 (1985); Thiel, 183 Wis. 2d at 520 .	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

Case	Cited	Years
State v. Thiel green wis · 1994 2 sentences 2002Since we base our conclusion on previous cases, specifically State v. Thiel, 183 Wis. 2d 505 , 515 N.W.2d 847 (1994), and State v. Kevin L.C., 216 Wis. 2d 166 , 576 N.W.2d 62 (Ct. App. 1997), we do not find it necessary to review the entire over-breadth analysis here. 2002Since we base our conclusion on previous cases, specifically State v. Thiel, 183 Wis. 2d 505 , 515 N.W.2d 847 (1994), and State v. Kevin L.C., 216 Wis. 2d 166 , 576 N.W.2d 62 (Ct. App. 1997), we do not find it necessary to review the entire over-breadth analysis here.	4	1998–2006
State v. Kevin L. C. green wisctapp · 1997 2 sentences 2002Since we base our conclusion on previous cases, specifically State v. Thiel, 183 Wis. 2d 505 , 515 N.W.2d 847 (1994), and State v. Kevin L.C., 216 Wis. 2d 166 , 576 N.W.2d 62 (Ct. App. 1997), we do not find it necessary to review the entire over-breadth analysis here. 2002Since we base our conclusion on previous cases, specifically State v. Thiel, 183 Wis. 2d 505 , 515 N.W.2d 847 (1994), and State v. Kevin L.C., 216 Wis. 2d 166 , 576 N.W.2d 62 (Ct. App. 1997), we do not find it necessary to review the entire over-breadth analysis here.	1	2002–2002
State v. Bangert green wis · 1986 2 sentences 2002See Thiel, 184 Wis. 2d at 523 (concluding that the statute is rationally related to its compelling state interest to protect the well-being of youth). [1] All subsequent references to the Wisconsin Statutes are to the 1999-2000 version, unless otherwise indicated. [2] See State v. Thomas, 2000 WI 13, ¶ 23 , 232 Wis. 2d 714 , 605 N.W.2d 836 ; State v. Bangert, 131 Wis. 2d 246, 262 , 389 N.W.2d 12 (1986); White v. State, 85 Wis. 2d 485, 490 , 271 N.W.2d 97 (1978). 2002See Thiel, 184 Wis. 2d at 523 (concluding that the statute is rationally related to its compelling state interest to protect the well-being of youth). [1] All subsequent references to the Wisconsin Statutes are to the 1999-2000 version, unless otherwise indicated. [2] See State v. Thomas, 2000 WI 13, ¶ 23 , 232 Wis. 2d 714 , 605 N.W.2d 836 ; State v. Bangert, 131 Wis. 2d 246, 262 , 389 N.W.2d 12 (1986); White v. State, 85 Wis. 2d 485, 490 , 271 N.W.2d 97 (1978).	1	2002–2002
White v. State green wis · 1978 2 sentences 2002See Thiel, 184 Wis. 2d at 523 (concluding that the statute is rationally related to its compelling state interest to protect the well-being of youth). [1] All subsequent references to the Wisconsin Statutes are to the 1999-2000 version, unless otherwise indicated. [2] See State v. Thomas, 2000 WI 13, ¶ 23 , 232 Wis. 2d 714 , 605 N.W.2d 836 ; State v. Bangert, 131 Wis. 2d 246, 262 , 389 N.W.2d 12 (1986); White v. State, 85 Wis. 2d 485, 490 , 271 N.W.2d 97 (1978). 2002See Thiel, 184 Wis. 2d at 523 (concluding that the statute is rationally related to its compelling state interest to protect the well-being of youth). [1] All subsequent references to the Wisconsin Statutes are to the 1999-2000 version, unless otherwise indicated. [2] See State v. Thomas, 2000 WI 13, ¶ 23 , 232 Wis. 2d 714 , 605 N.W.2d 836 ; State v. Bangert, 131 Wis. 2d 246, 262 , 389 N.W.2d 12 (1986); White v. State, 85 Wis. 2d 485, 490 , 271 N.W.2d 97 (1978).	1	2002–2002
Scheunemann v. City of West Bend green wisctapp · 1993 2 sentences 1994In Scheunemann , this court did allow an over-breadth challenge to a cruising ordinance. 1 Upholding the constitutionality of the ordinance, we noted the important features that prevented it from being "so sweeping that its sanctions may be applied to constitutionally protected conduct which the state is not permitted to regulate." Id. at 476-477 , 507 N.W.2d at 166 . 1994In Scheunemann , this court did allow an over-breadth challenge to a cruising ordinance. 1 Upholding the constitutionality of the ordinance, we noted the important features that prevented it from being "so sweeping that its sanctions may be applied to constitutionally protected conduct which the state is not permitted to regulate." Id. at 476-477 , 507 N.W.2d at 166 .	1	1994–1994
City of Milwaukee v. Wilson green wis · 1980 2 sentences 1982Id. at 20 , 291 N.W.2d at 458 . 1982Id. at 20 , 291 N.W.2d at 458 .	1	1982–1982

Statutes the citing opinions construe

WI § Wis. Stat. § 948.11 (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

TX 15 (1992–2017) WI 8 (1982–2012) WA 7 (1971–2016) OR 7 (2000–2025) MO 7 (1993–2017) CO 7 (1981–2016) MN 6 (1990–2008) PA 5 (1984–2007) OH 4 (1984–2009) AZ 3 (1984–1997) DC 3 (1981–2011) CT 3 (1998–2011) FL 3 (1996–2015) SD 3 (1977–2011) IN 3 (1988–2017) MI 3 (1976–2000) ID 3 (1985–2012) NE 2 (2001–2002) KY 2 (1990–2003) HI 2 (2007–2014) CA 2 (1998–2008) DE 2 (1991–1998) IL 2 (1987–2003) NJ 2 (1984–1997) WY 2 (2004–2007) VA 2 (2002–2006)

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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