facial overbreadth challenge (Illinois) · Go Syfert
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facial overbreadth challenge in Illinois

7 Illinois opinions name it 2 courts 1996–2020 0 in the last five years

The cases below were cited by Illinois 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 (1)

CaseFollowedCited
People v. Baileygreen
ill · 1995 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010See Bailey, 167 Ill. 2d at 226 .

2010See Bailey, 167 Ill. 2d at 226 .

22

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
People v. Relerford green
ill · 2017
2 sentences

2020In its analysis regarding whether the “communicates to or about” provision fit within the true threat exception, the court stated that “[t]he prohibition against distressing communications to or about a person stands separate and apart from the proscription against threats” and, “even assuming that statements which negligently convey a threat are not protected, a course of conduct based on such statements could be prosecuted under the threat portion of subsection (a).” Relerford, 2017 IL 121094, ¶ 39 .

2019In its analysis regarding whether the “communicates to or about” provision fit within the true threat exception, the court stated that “[t]he prohibition against distressing communications to or about a person stands separate and apart from the proscription against threats” and, “even assuming that statements - 20 - No. 1-16-0184 which negligently convey a threat are not protected, a course of conduct based on such statements could be prosecuted under the threat portion of subsection (a).” Relerford, 2017 IL 121094, ¶ 39 .

22019–2020
People v. SUCIC green
illappct · 2010
2 sentences

2020“In - 11 - addressing a facial overbreadth challenge, the first task is to determine whether the statute reaches constitutionally protected speech ***.” Id. ¶ 59 Although the supreme court in Relerford found that the “communicates to or about” phrase in subsection (a) did not fall within the true threat exception and concluded that it was overbroad in violation of the first amendment, it nevertheless determined that the “threats” provision was separate from the “communicates to or about” provision and implied that it could form the requisite course of conduct prohibited by subsection (a).

2019“In addressing a facial overbreadth challenge, the first task is to determine whether the statute reaches constitutionally protected speech ***.” Id. ¶ 59 Although the supreme court in Relerford found that the “communicates to or about” phrase in subsection (a) did not fall within the true threat exception and concluded that it was overbroad in violation of the first amendment, it nevertheless determined that the “threats” provision was separate from the “communicates to or about” provision and implied that it could form the requisite course of conduct prohibited by subsection (a).

22019–2020
City of Chicago v. Morales green
scotus · 1999
2 sentences

2002Morales , 527 U.S. at 55 , 144 L.

2002Morales , 527 U.S. at 55 , 144 L.

22002–2002
Board of Trustees of State Univ. of NY v. Fox green
scotus · 1989
2 sentences

1996Board of Trustees of the State University of New York v. Fox, 492 U.S. 469 , 106 L.

1996Board of Trustees of the State University of New York v. Fox, 492 U.S. 469 , 106 L.

11996–1996

Statutes the citing opinions construe

IL § 720 ILCS 5/12-7.3 (3) IL § 720 ILCS 5/12-7.5 (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 20 (1988–2025) CA 19 (1979–2025) WA 12 (1993–2021) ID 12 (1994–2025) CO 11 (1981–2025) OR 7 (1995–2025) CT 7 (2003–2026) IL 7 (1996–2020) NV 5 (2010–2018) UT 4 (1997–2009) VA 4 (1991–2024) OH 4 (1988–1999) MN 3 (2006–2018) HI 3 (2007–2020) MT 3 (1997–2013) WI 2 (1998–2019) PA 2 (1978–2012) GA 2 (1990–2016) MI 2 (2002–2012) NY 2 (2001–2006)

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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