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Feb 20, 2024
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Tiffany Hodge
CJC-131-I1
Assignment 4
Due 2/12/23
Questions
1. In your words, what is Void for Vagueness? Include an example
. A finding that a law is constitutionally invalid because it is not sufficiently clear. A example is
inappropriate attire on public beaches. Because the word inappropriate can mean something different to different people
so its unclear of the meaning.
2. In your words, what is Overbroad statute? Include an example
. An overbroad or vague statute may be cured prospectively by a court's narrow interpretation of its language a example would be Supreme Court found that a law banning the commercial creation, sale, or possession of depictions of an animal being intentionally and illegally mutilated, tortured, wounded or killed
was unconstitutional because it was overbroad
3. Specify the differences between unconstitutional on its face and unconstitutional as applied. (answer is to be a paragraph in length, citations necessary if anything from the textbook is used in your answer) A facial challenge contends that a government law, rule, regulation, or policy is unconstitutional as written — that is, on its face. This challenge differs from an as-
applied challenge in that it invalidates a law for everyone — not just as that law is applied to the particular litigant challenging it. When a court holds that a law is facially unconstitutional, it is holding that the law cannot be enforced at all, and not merely as applied to the situation of a particular plaintiff. When such a remedy is justified is a matter of extensive debate, and often turns on the nature of the law being challenged.
An as-applied challenge
alleges that a statute or regulation is unconstitutional in a specific context. A plaintiff in an as-applied challenge is not
Tiffany Hodge
CJC-131-I1
Assignment 4
Due 2/12/23
arguing that the entire statute is unconstitutional, but instead that it is being applied in an unconstitutional manner.
4. One of the expressions that can be regulated under the 1st amendment Is nude dancing. What
factors do you feel should be evaluated when placing regulations? If the nude dancing were to be on a private nude beach, should it be regulated at all? Elaborate on your viewpoint. (minimum of a paragraph in length)
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