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A law can also be "void for vagueness" if it imposes on First Amendment freedom of speech, assembly, or religion. The "void for vagueness" legal doctrine does not apply to private law (that is, laws that govern rights and obligations as between private parties), only to laws that govern rights and obligations vis-a-vis the government.
On one set of theories of vagueness, it is indeterminate how many heaps or hairs are required. Perhaps our language simply does not specify a sharp boundary. In the small-improvement argument, the incomparability as vagueness view might say that it is indeterminate whether banking is better or worse than philosophy, or precisely equally good.
Pages in category "Void for vagueness case law" The following 32 pages are in this category, out of 32 total. This list may not reflect recent changes. *
Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), as an example of a "stop and identify" statute the Court had voided on vagueness grounds. In Hiibel , the Court held that a Nevada law [ 7 ] requiring persons detained upon reasonable suspicion of involvement in a crime to state their name to a peace officer did not violate the ...
Examples of loitering-plus laws that municipalities enacted or kept on the books after the Papachristou decision include: [21] a Florida ordinance forbidding loitering or prowling "in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern ...
[44] [57] However, the understanding built by the surrounding case law has been largely dismissive of vagueness challenges. For instance, in Hamling v. United States (1974), the Supreme Court would uphold section 1461 by adopting a saving construction that conformed the section with the Miller test .
Overbreadth is closely related to vagueness; if a prohibition is expressed in a way that is too unclear for a person to reasonably know whether or not their conduct falls within the law, then to avoid the risk of legal consequences they often stay far away from anything that could possibly fit the uncertain wording of the law.
Vagueness is commonly diagnosed by a predicate's ability to give rise to the Sorites paradox. Vagueness is separate from ambiguity, in which an expression has multiple denotations. For instance the word "bank" is ambiguous since it can refer either to a river bank or to a financial institution, but there are no borderline cases between both ...