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U.S. v. Bronstein, No. 15-cr-00048 (CRC) (D.D.C.) (151 F.Supp.3d 31) (December 22, 2015) (Judge Christopher R. Cooper)

Article • September 19, 2016 • from P&J September, 2016

Filed under: Punch And Jurists, Prohibitions Against Protests

U.S. v. Bronstein, No. 15-cr-00048 (CRC) (D.D.C.) (151 F.Supp.3d 31) (December 22, 2015) (Judge Christopher R. Cooper) by Defendants David Bronstein, Matthew Kresling, Yasmina Mrabet, Belinda Rodriguez, and Richard Saffle arrived at the U.S. Supreme Court on the morning of April 1, 2015 to attend an oral-argument session. They passed …

Elonis v. U.S., No. 13-983 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 2001) (June 1, 2015) (Judge John G. Roberts)

Article • June 29, 2015 • from P&J June, 2015

Filed under: Punch And Jurists, Cyberstalking

Elonis v. U.S., No. 13-983 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 2001) (June 1, 2015) (Judge John G. Roberts) by In this case, the Supreme Court made it harder to prosecute people for threats made on Facebook and other social media under a Federal statute, 18 U.S.C. § …

U.S. v. Sayer, No. 12-2489 (1st Cir.) (748 F.3d 425) (May 2, 2014) (Judge Sandra L. Lynch)

Article • July 28, 2014 • from P&J July, 2014

Filed under: Punch And Jurists, Cyberstalking

U.S. v. Sayer, No. 12-2489 (1st Cir.) (748 F.3d 425) (May 2, 2014) (Judge Sandra L. Lynch) by This is an interesting decision about a relatively new statute that is becoming increasingly popular with Federal prosecutors. Since 1996, Congress has enacted a number of Federal stalking laws, including the Federal …

Ali v. Obama, No. 11-5102 (D.C. Cir.) ( F.3d ) (December 3, 2013) (Judge Brett M. Kavanaugh)

Article • December 23, 2013 • from P&J December, 2013

Filed under: Punch And Jurists, Authorization for the Use of Military Force (AUMF)

Ali v. Obama, No. 11-5102 (D.C. Cir.) ( F.3d ) (December 3, 2013) (Judge Brett M. Kavanaugh) by The steady pace of virtually automatic summary denials of habeas relief to any of the many detainees still held at the Guantanamo Bay Naval Base in Cuba is beginning to rattle even …

U.S. v. Morrison, No. 10-1926(L) (2nd Cir.) (686 F.3d 94) (July 16, 2012) (Judge Guido Calabresi)

Article • December 1, 2012

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Morrison, No. 10-1926(L) (2nd Cir.) (686 F.3d 94) (July 16, 2012) (Judge Guido Calabresi) by District court's order vacating the defendant's conviction for conspiracy in violation of the Racketeer Influenced and Corrupt Organization Act (RICO), the federal Contraband Cigarette Trafficking Act (CCTA), and New York Tax Law section …

Hamlily v. U.S., No. 05-0763 (JDB) (D.D.C.) (616 F.Supp.2d 63) (May 19, 2009) (Judge John D. Bates)

Article • July 1, 2009 • from P&J July, 2009

Filed under: Punch And Jurists, Authorization for the Use of Military Force (AUMF)

Hamlily v. U.S., No. 05-0763 (JDB) (D.D.C.) (616 F.Supp.2d 63) (May 19, 2009) (Judge John D. Bates) by In the 07-13-09 issue of P&J, we noted a strong ruling by Judge Huvelle in which she granted a writ of habeas corpus to a Guantanamo Bay detainee after finding that the …

Basardh v. Obama, No. Civ. No. 05-889 (ESH) (D.D.C.) (612 F.Supp.2d 30) (April 15, 2009) (Judge Ellen Segal Huvelle)

Article • July 1, 2009 • from P&J July, 2009

Filed under: Punch And Jurists, Authorization for the Use of Military Force (AUMF)

Basardh v. Obama, No. Civ. No. 05-889 (ESH) (D.D.C.) (612 F.Supp.2d 30) (April 15, 2009) (Judge Ellen Segal Huvelle) by In our last issue, we noted Judge Ellen Huvelle’s order in a different Guantanamo Bay detainee case which barred the Government from using any confessions and statements given by Saki …

U.S. v. Lanier, No. 95-1717 (U.S. Supreme Court) (520 U.S. 259; 117 S.Ct. 1219) (March 31, 1997) (Justice Souter)

Article • November 21, 2003

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Lanier, No. 95-1717 (U.S. Supreme Court) (520 U.S. 259; 117 S.Ct. 1219) (March 31, 1997) (Justice Souter) by In this case a state judge was convicted under 18 U.S.C. § 242 of criminally violating the constitutional rights of five women by assaulting them sexually in his chambers. A …

Broadrick v. Oklahoma, No. 71-1639 (U.S. Supreme Court) (413 U.S. 601; 93 S.Ct. 2908) (June 25, 1973) (Justice White)

Article • September 18, 2003

Filed under: Punch And Jurists, Vagueness/Overbreadth

Broadrick v. Oklahoma, No. 71-1639 (U.S. Supreme Court) (413 U.S. 601; 93 S.Ct. 2908) (June 25, 1973) (Justice White) by In this case the appellant state employees sought review of a decision of the United States District Court for the Western District of Oklahoma, which determined that § 818 of …

Smith v. Goguen, No. 72-1254 (U.S. Supreme Court) (415 U.S. 566; 94 S.Ct. 1242) (March 25, 1974) (Justice Powell)

Article • September 1, 2003

Filed under: Punch And Jurists, Vagueness/Overbreadth

Smith v. Goguen, No. 72-1254 (U.S. Supreme Court) (415 U.S. 566; 94 S.Ct. 1242) (March 25, 1974) (Justice Powell) by Here a divided Court held that a statute that makes it a crime for one to mutilate, trample, deface or "treat contemptuously" the flag of the United States was too …

Virginia v. Hicks, No. 02-371 (U.S. Supreme Court) (539 U.S. 113; 123 S.Ct. 2191) (June 16, 2003) (Justice Scalia)

Article • June 20, 2003

Filed under: Punch And Jurists, Vagueness/Overbreadth

Virginia v. Hicks, No. 02-371 (U.S. Supreme Court) (539 U.S. 113; 123 S.Ct. 2191) (June 16, 2003) (Justice Scalia) by The issue before the Court in this case was whether a public housing authority’s anti-trespass policy, designed to limit trafic in crime-ridden areas, was facially invalid under the First Amendment's …

Hoffman Estates v. Flipside, Hoffman Estates, Inc., No. 80-1681 (U.S. Supreme Court) (455 U.S. 489; 102 S.Ct. 1186) (March 3, 1982) (Justice Marshall)

Article • November 14, 2002

Filed under: Punch And Jurists, Vagueness/Overbreadth

Hoffman Estates v. Flipside, Hoffman Estates, Inc., No. 80-1681 (U.S. Supreme Court) (455 U.S. 489; 102 S.Ct. 1186) (March 3, 1982) (Justice Marshall) by This is one of the Supreme Court's seminal decisions on the issue of statutes that are claimed to be unconstitutionally vague and overly broad, upholding a …

U.S. v. Grace, No. 81-1863 (U.S. Supreme Court) (461 U.S. 171; 103 S.Ct. 1702) (April 20, 1983) (Justice White)

Article • August 8, 2002

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Grace, No. 81-1863 (U.S. Supreme Court) (461 U.S. 171; 103 S.Ct. 1702) (April 20, 1983) (Justice White) by Here the Court held at 40 USC § 13k, which prohibited the displaying of any flags and banners in the Supreme Court building and on the surrounding public grounds was …

City of Chicago v. Morales, No. 97-1121 (U.S. Supreme Court) (527 U.S. 41; 119 S.Ct. 1849) (June 10, 1999) (Justice Stevens)

Article • January 26, 2002 • from P&J May, 1999

Filed under: Punch And Jurists, Vagueness/Overbreadth

City of Chicago v. Morales, No. 97-1121 (U.S. Supreme Court) (527 U.S. 41; 119 S.Ct. 1849) (June 10, 1999) (Justice Stevens) by In this case the Supreme Court struck down, as unconstitutionally vague, an anti-loitering ordinance enacted by the City of Chicago which resulted in some 42,000 arrests in the …

U.S. v. Purdy, No. 00-30168 (9th Cir.) (264 F.3d 809) (August 31, 2001) (Judge Harry Pregerson)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Purdy, No. 00-30168 (9th Cir.) (264 F.3d 809) (August 31, 2001) (Judge Harry Pregerson) by In this case, the Court rejected a claim by the defendant that his conviction for illegal possession of a firearm as an "unlawful user" of drugs, in violation of 18 U.S.C. § 922(g)(3) …

U.S. v. LaHue, No. 99-3344 (10th Cir.) (261 F.3d 993) (August 17, 2001) (Judge Wade Brorby)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. LaHue, No. 99-3344 (10th Cir.) (261 F.3d 993) (August 17, 2001) (Judge Wade Brorby) by In this prosecution of a number of doctors for violations of the Medicare Antikickback Act, 42 USC § 1320a-7b(b), the Court held that a defendant may be found guilty under that Act when …

Posters "N" Things, Ltd. v. U.S., No. 92-903 (U.S. Supreme Court) (511 U.S. 513; 114 S.Ct. 1747) (May 23, 1994) (Justice Blackmun)

Article • July 25, 2000

Filed under: Punch And Jurists, Vagueness/Overbreadth

Posters "N" Things, Ltd. v. U.S., No. 92-903 (U.S. Supreme Court) (511 U.S. 513; 114 S.Ct. 1747) (May 23, 1994) (Justice Blackmun) by Here the Court held that the provisions of the drug paraphernalia statute (formerly 21 USC § 857, now 21 USC § 863) were not unconstitutionally vague despite …

Rewis v. U.S., No. 5343 (U.S. Supreme Court) (401 U.S. 808; 91 S.Ct. 1056) (April 5, 1971) (Justice Marshall)

Article • July 2, 2000

Filed under: Punch And Jurists, Vagueness/Overbreadth

Rewis v. U.S., No. 5343 (U.S. Supreme Court) (401 U.S. 808; 91 S.Ct. 1056) (April 5, 1971) (Justice Marshall) by The defendants in this case were convicted of violating the Travel Act, 18 U.S.C. 1952, which prohibits interstate travel in furtherance of certain criminal activity. Their convictions arose from a …

U.S. v. Search of Music City Marketing, Inc., No. 99-5260 (6th Cir.) (212 F.3d 920) (May 12, 2000) (Judge Cornelia G. Kennedy)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Search of Music City Marketing, Inc., No. 99-5260 (6th Cir.) (212 F.3d 920) (May 12, 2000) (Judge Cornelia G. Kennedy) by In this case, United States Customs Agents executed a warrant to search the premises of Music City Marketing ("Music City") for drug paraphernalia; seizing various merchandise that …

Kolender v. Lawson, No. 81-1320 (U.S. Supreme Court) (461 U.S. 352; 103 S.Ct. 2431) (May 2, 1983) (Justice O'Connor)

Article • June 23, 2000

Filed under: Punch And Jurists, Vagueness/Overbreadth

Kolender v. Lawson, No. 81-1320 (U.S. Supreme Court) (461 U.S. 352; 103 S.Ct. 2431) (May 2, 1983) (Justice O'Connor) by In this case, the Court considered a challenge to a California statute that required requires persons who loiter or wander on the streets to identify themselves and to account for …