overbreadth recognizes that a state legislature doctrine (Alabama) · Go Syfert
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overbreadth recognizes that a state legislature doctrine in Alabama

6 Alabama opinions name it 2 courts 1988–2015 0 in the last five years

The cases below were cited by Alabama 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
Shelton v. Tuckergreen
scotus · 1960 · cited in 6 Alabama opinions naming this issue, 1988–2015
2 sentences

2015In addressing whether a statute, regulation, or ordinance is unreasonable, this Court applies the doctrine of overbreadth. “ ‘The doctrine of overbreadth recognizes that a state legislature may have a legitimate and substantial interest in regulating particular behavior, but “that purpose cannot be pursued by means that broadly stifle fundamental personal liberties when the end can be more narrowly achieved.” Shelton v. Tucker, 364 U.S. 479, 488 , 81 S.Ct. 247, 252 , 5 L.Ed.2d 231 (1960) [quoting Zwickler v. Koota, 389 U.S. 241 , 88 S.Ct. 391 , 19 L.Ed.2d 444 (1967) ].

2015In addressing whether a statute, regulation, or ordinance is unreasonable, this Court applies the doctrine of overbreadth. “ ‘The doctrine of overbreadth recognizes that a state legislature may have a legitimate and substantial interest in regulating particular behavior, but “that purpose cannot be pursued by means that broadly stifle fundamental personal liberties when the end can be more narrowly achieved.” Shelton v. Tucker, 364 U.S. 479, 488 , 81 S.Ct. 247, 252 , 5 L.Ed.2d 231 (1960) [quoting Zwickler v. Koota, 389 U.S. 241 , 88 S.Ct. 391 , 19 L.Ed.2d 444 (1967) ].

16

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Zwickler v. Koota green
scotus · 1967
2 sentences

2015In addressing whether a statute, regulation, or ordinance is unreasonable, this Court applies the doctrine of overbreadth. “ ‘The doctrine of overbreadth recognizes that a state legislature may have a legitimate and substantial interest in regulating particular behavior, but “that purpose cannot be pursued by means that broadly stifle fundamental personal liberties when the end can be more narrowly achieved.” Shelton v. Tucker, 364 U.S. 479, 488 , 81 S.Ct. 247, 252 , 5 L.Ed.2d 231 (1960) [quoting Zwickler v. Koota, 389 U.S. 241 , 88 S.Ct. 391 , 19 L.Ed.2d 444 (1967) ].

2015In addressing whether a statute, regulation, or ordinance is unreasonable, this Court applies the doctrine of overbreadth. “ ‘The doctrine of overbreadth recognizes that a state legislature may have a legitimate and substantial interest in regulating particular behavior, but “that purpose cannot be pursued by means that broadly stifle fundamental personal liberties when the end can be more narrowly achieved.” Shelton v. Tucker, 364 U.S. 479, 488 , 81 S.Ct. 247, 252 , 5 L.Ed.2d 231 (1960) [quoting Zwickler v. Koota, 389 U.S. 241 , 88 S.Ct. 391 , 19 L.Ed.2d 444 (1967) ].

32002–2015
Friday v. Ethanol Corp. green
ala · 1988
2 sentences

2007However, in Friday v. Ethanol Corporation , 539 So.2d 208 (Ala. 1988), this Court recognized a broader application of the overbreadth doctrine by stating, in pertinent part: "`The doctrine of overbreadth recognizes that a state legislature may have a legitimate and substantial interest in regulating particular behavior, but "that purpose cannot be pursued by means that broadly stifle fundamental personal liberties when the end can be more narrowly achieved." Shelton v. Tucker , 364 U.S. 479 , 488 , 81 S.Ct. 247 , 252 , 5 L.Ed.2d 231 (1960) [quoting Zwickler v. Koota , 389 U.S. 241 , 88 S.Ct. 3

2007However, in Friday v. Ethanol Corporation, 539 So.2d 208 (Ala.1988), this Court recognized a broader application of the overbreadth doctrine by stating, in pertinent part: "`The doctrine of overbreadth recognizes that a state legislature may have a legitimate and substantial interest in regulating particular behavior, but "that purpose cannot be pursued by means that broadly stifle fundamental personal liberties when the end can be more narrowly achieved." Shelton v. Tucker, 364 U.S. 479, 488 , 81 S.Ct. 247, 252 , 5 L.Ed.2d 231 (1960) [quoting Zwickler v. Koota, 389 U.S. 241 , 88 S.Ct. 391 , 1

22002–2007

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