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Massachusetts Vs. Oakes
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- US Supreme Court
- Jun 21, 1989
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U.S. 576 (1989) U.S. Supreme Court Massachusetts v. OakesSearch
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U.S. 576 (1989) Massachusetts v. OakesSearch
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of the statute moots the overbreadth question in this case. Thus, overbreadth analysis is inappropriate under Bigelow v. VirginiaSearch
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overbroad. The scope of this statute has already been validated except as to nonpornographic depictions, New York v. FerberSearch
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the statute on the ground that it may be unconstitutionally applied to others. Board of Airport Comm'rs of Los Angeles v. JewsSearch
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Brockett v. SpokaneSearch
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is constitutionally protected to refrain from exercising their rights for fear of criminal sanctions. Schaumburg v. CitizensSearch
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Page 491 U. S. 582 We have addressed overbreadth only where its effect might be salutary. In Bigelow v. VirginiaSearch
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Brief for Appellee in Bigelow v. VirginiaSearch
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Brief any citation in this list with AI Studio
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statute, we need not extend the benefits of the doctrine to a defendant whose conduct is not protected. See Pope v. IllinoisSearch
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Cf. Upper Midwest Booksellers Assn. v. MinneapolisSearch
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U. S. 479 , 380 U. S. 491 , n. 7 (1965) (citations omitted). See also Broadrick v. OklahomaSearch
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part of the dispute remains alive, is to vacate the judgment below and remand for further proceedings. See DeFunis v. OdegaardSearch
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the particular claim before us became moot, thereby making a remand unnecessary. See Attorney General of New Jersey v. FirstSearch
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Michigan v. ShabazSearch
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Tiverton Board of License Comm'rs v. PastoreSearch
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is being punished, thus protecting the right to engage in conduct not directly before the court. See Brockett v. SpokaneSearch
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U. S. 601 , 413 U. S. 615 (1973). We held in New York v. FerberSearch
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that substantial overbreadth exists. New York State Club Assn. v. NewSearch
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are plainly expressive activities that ordinarily qualify for First Amendment protection. See, e.g., Miller v. CaliforniaSearch
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and by virtue of its close association with those activities, enjoys like shelter under the First Amendment. Cf. Schad v. MountSearch
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their genitals cannot, of course, claim protected status, even though those depictions are not obscene. See New York v. FerberSearch
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Id. at 458 U. S. 765 , n. 18, citing Erznoznik v. CitySearch
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Ferber, supra, at 458 U. S. 757 . See also Ginsberg v. NewSearch
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Virginia v. AmericanSearch
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Broadrick, 413 U.S. at 413 U. S. 615 . See also e.g., Board of Airport Comm'rs of Los Angeles v. JewsSearch
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Houston v. HillSearch
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topple a statute merely because we can conceive of a few impermissible applications. See City Council of Los Angeles v. TaxpayersSearch
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find constitutionally tolerable, particularly when the penalty is severe, Page 491 U. S. 596 See also Houston v. HillSearch
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cannot stand as it was written at the time respondent photographed his stepdaughter. In Houston v. HillSearch
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the work of artists and filmmakers and nudist family snapshots, allows one to say, as the Court said in Houston v. HillSearch
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is the likelihood that such violations will in fact be prosecuted -- I would reach the same conclusion. In Erznoznik v. CitySearch
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U.S. Supreme Court Massachusetts v. OakesSearch
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Board of Airport Comm'rs of Los Angeles v. JewsSearch
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Schaumburg v. CitizensSearch
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In Bigelow v. VirginiaSearch
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See Pope v. IllinoisSearch
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See DeFunis v. OdegaardSearch
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See Attorney General of New Jersey v. FirstSearch
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See Brockett v. SpokaneSearch
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New York State Club Assn. v. NewSearch
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Miller v. CaliforniaSearch
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the First Amendment. Cf. Schad v. MountSearch
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See New York v. FerberSearch
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