No. 18-6379

Ramess Nakhleh v. United States

Lower Court: Sixth Circuit
Docketed: 2018-10-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law constitutional-challenge criminal-law due-process first-amendment free-speech postal-regulations public-forum vagueness vagueness-doctrine
Key Terms:
AdministrativeLaw
Latest Conference: 2018-11-16
Question Presented (AI Summary)

Is a regulation criminalizing the creation of a 'loud and unusual noise' unconstitutionally vague?

Question Presented (OCR Extract)

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

Docket Entries

2018-11-19
Petition DENIED.
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-10-24
Waiver of right of respondent United States to respond filed.
2018-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 19, 2018)

Attorneys

Ramess Nakhleh
Colleen P FitzharrisFederal Defender Office, Petitioner
Colleen P FitzharrisFederal Defender Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent