Ramess Nakhleh v. United States
AdministrativeLaw
Is a regulation criminalizing the creation of a 'loud and unusual noise' unconstitutionally vague?
QUESTION PRESENTED FOR REVIEW 39 C.F.R. § 232.1(e) defines disorderly conduct as follows: [1] conduct which creates loud and unusual noise, or [2] which impedes ingress to or egress from post offices, or [3] otherwise obstructs the usual use of entrances, foyers, corridors, offices, elevators, stairways, and parking lots, or [4] which otherwise tends to impede or disturb the public employees in the performance of their duties, or [5] which otherwise impedes or disturbs the general public in transacting business or obtaining the services provided on property, is prohibited. The courts below held that 39 C.F.R. § 232.1(e) should be interpreted to require proof that the defendant spoke more loudly and unusually than the ordinary person. Is a regulation criminalizing the creation of a “loud and unusual noise” unconstitutionally vague? ii