overbreadth-doctrine
24 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6390 | Busch Sereal v. United States | Fifth Circuit | 2025-12-16 | Denied | Response WaivedIFP | circuit-split crime-of-violence overbreadth-doctrine sentencing-enhancement state-court-decisions statutory-interpretation | Whether a defendant challenging a prior state conviction under the crime of violence definitions must produce actual state court decisions showing non… |
| 24-7471 | Quintin T. Ferguson v. United States | Seventh Circuit | 2025-06-20 | Denied | Response WaivedIFP | arson-statute criminal-law interstate-commerce overbreadth-doctrine sentencing-guidelines statutory-interpretation | Did the Seventh Circuit err by concluding Mr. Ferguson's § 844(i) arson conviction was not overbroad? |
| 24-7460 | Alvin Porterie, Jr. v. United States | Fifth Circuit | 2025-06-18 | Denied | Response WaivedIFP | armed-career-criminal-act circuit-split criminal-procedure overbreadth-doctrine state-conviction statutory-interpretation | Whether a defendant challenging a prior state conviction under the Armed Career Criminal Act must produce actual state court decisions showing non-gen… |
| 24-6121 | Jason Campion v. United States | Fifth Circuit | 2024-12-11 | Denied | Response WaivedIFP | burden-of-proof categorical-approach federal-definition overbreadth-doctrine state-prosecution statutory-interpretation | Whether a defendant must demonstrate an 'actual case' of overbroad prosecution when challenging a state statute under the categorical approach |
| 24-6015 | Tawanna Hilliard v. United States | Second Circuit | 2024-11-21 | Denied | Response WaivedIFP | criminal-statute first-amendment law-enforcement-protection overbreadth-doctrine retaliation statutory-interpretation | Whether Section 1513(e) of Title 18 is facially overbroad, unconstitutionally vague, and violates First Amendment protections when applied to speech-b… |
| 24-144 | Thomas Charles Felton Jones v. South Carolina | South Carolina | 2024-08-09 | Denied | Response Waived | constitutional-challenge first-amendment free-speech law-enforcement overbreadth-doctrine verbal-resistance | Whether a county ordinance that criminalizes verbal acts of resistance against law enforcement is facially invalid under the First Amendment due to ov… |
| 23-646 | Devon Tinius, et al. v. Luke Choi, et al. | District of Columbia | 2023-12-14 | Denied | Response Waived | civil-liberties civil-rights constitutional-rights curfew curfew-law due-process free-speech fundamental-rights overbreadth overbreadth-doctrine vagueness void-for-vagueness | Whether the District of Columbia's curfew law is unconstitutional because it violates fundamental rights and because it is overbroad and void for vagu… |
| 23-5111 | Jacob Webster, et al. v. Superior Court of California, City and County of San Francisco, et al. | California | 2023-07-14 | Denied | Response WaivedIFP | constitutional-analysis criminal-prosecution facial-challenge firearm-regulation new-york-state-rifle-and-pistol-association-v-brue overbreadth overbreadth-doctrine second-amendment united-states-v-stevens | Whether facial Second Amendment challenges require proving no set of circumstances where the statute is valid or only that a substantial number of app… |
| 22-582 | United States v. Jose Felipe Hernandez-Calvillo, et al. | Tenth Circuit | 2022-12-22 | GVR | Relisted (2) | constitutional-challenge constitutional-law criminal-law criminal-prohibition first-amendment free-speech immigration immigration-law overbreadth-doctrine statutory-interpretation | Whether the federal criminal prohibition against conspiring to encourage or induce unlawful immigration is facially unconstitutional on First Amendmen… |
| 22-558 | Pedro Lance Soto v. Texas | Texas | 2022-12-19 | Denied | Response Waived | civil-rights constitutional-law criminal-law criminal-statute due-process electronic-communication first-amendment free-speech overbreadth overbreadth-doctrine | Is a law that criminalizes expressive speech immunized from First Amendment scrutiny if it also criminalizes non-expressive conduct? |
| 22-497 | Jasper Robin Chen v. Texas | Texas | 2022-11-28 | Dismissed | Response RequestedResponse Waived | communications criminal-law criminal-statute electronic-communication first-amendment free-speech harassment-law intent overbreadth overbreadth-doctrine | Is a law that criminalizes expressive speech immunized from any First Amendment scrutiny if it also criminalizes non-expressive conduct? |
| 22-434 | Slade Alan Moore v. Texas | Texas | 2022-11-09 | Denied | criminal-law criminal-statute due-process electronic-communication first-amendment free-speech harassment intent-standard overbreadth overbreadth-doctrine | Is a law that criminalizes expressive speech immunized from any First Amendment scrutiny if it also criminalizes non-expressive conduct? | |
| 22-430 | Charles Barton v. Texas | Texas | 2022-11-08 | Denied | Amici (7) | criminal-law criminal-statute due-process electronic-communication electronic-communications expressive-speech first-amendment free-speech overbreadth overbreadth-doctrine public-concern | Does the criminalization of expressive electronic communications in Texas Penal Code § 42.07(a)(7) implicate the First Amendment? |
| 22-179 | United States v. Helaman Hansen | Ninth Circuit | 2022-08-29 | Judgment Issued | Amici (15)Relisted (2) | 8-usc-1324 commercial-advantage constitutional-challenge criminal-prohibition first-amendment immigration immigration-law overbreadth overbreadth-doctrine private-financial-gain statutory-interpretation | Whether the federal criminal prohibition against encouraging or inducing unlawful immigration for commercial advantage or private financial gain, in v… |
| 21-6456 | Terry Ray Carter v. United States | Fifth Circuit | 2021-11-30 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | civil-rights constitutional-vagueness due-process first-amendment overbreadth-doctrine pornographic-matter pornography supervised-release vagueness | Does a special condition of supervised release that prohibits possession or control of 'any pornographic matter' violate due process as unconstitution… |
| 21-427 | William Frederick Lamoureux v. Montana | Montana | 2021-09-21 | Denied | Response RequestedResponse WaivedRelisted (2) | civil-rights constitutional-law content-based-restriction criminal-law due-process first-amendment free-speech overbreadth overbreadth-doctrine speech-regulation | Whether a statute that criminalizes speech intended to annoy or offend is unconstitutionally overbroad under the First Amendment |
| 20-8074 | Anibal Lucas Garcia v. United States | Fourth Circuit | 2021-05-19 | Denied | Response WaivedIFP | aggravated-felony appellate-review categorical-approach duenas-alvarez formal-law generic-crime immigration-law overbreadth-doctrine state-law statutory-interpretation | Whether under Duenas-Alvarez and Virginia state decisions, Va. Code § 18.2-168, forgery of public records, is an aggravated felony as a crime relating… |
| 20-1620 | Joy McShan Edwards v. United States | Sixth Circuit | 2021-05-19 | Denied | Response Waived | 18-usc-1513 28-usc-2253 certificate-of-appealability constitutional-rights first-amendment free-speech overbreadth overbreadth-doctrine sixth-circuit statutory-interpretation | Whether the Sixth Circuit's denial of Petitioner's request for a certificate of appealability was unreasonable, where Petitioner has demonstrated a su… |
| 20-5185 | Joshua Jermaine Nelson v. Texas | Texas | 2020-07-27 | Denied | IFP | constitutional-vagueness content-based-restriction due-process first-amendment free-speech mens-rea overbreadth overbreadth-doctrine vagueness | Is a statute unconstitutional on its face when it is a content-based restriction that severely criminalizes a substantial amount of harmless speech be… |
| 19-6229 | John Joseph Douglas v. United States | Eighth Circuit | 2019-10-09 | Denied | IFP | acca aggravated-robbery aiding-and-abetting armed-career-criminal-act criminal-law overbreadth-doctrine predicate-offense sentencing state-law statutory-interpretation stokeling sudden-snatching | Whether a state's aiding and abetting statute that is broader than the federal generic definition can qualify as a predicate offense under the ACCA |
| 19-5636 | Roger Garcia v. United States | Fifth Circuit | 2019-08-19 | Denied | Response WaivedIFP | appeal-waiver due-process first-amendment overbreadth-doctrine plea-bargain procedural-bar special-condition special-conditions waiver-of-appeal | Does a waiver of appeal procedurally bar a petitioner's appeal arguing that a special condition prohibiting the viewing of sexual material is unconsti… |
| 18-1182 | Scott Ogle v. Texas | Texas | 2019-03-12 | Denied | Amici (2)Response RequestedResponse WaivedRelisted (2) | civil-rights content-based-regulation criminal-law criminal-statute due-process electronic-communication electronic-communications first-amendment free-speech intent-standard overbreadth overbreadth-doctrine | Does a statute criminalizing electronically communicated speech that is both intended and reasonably likely to annoy, alarm, or embarrass another pers… |
| 18-6080 | Abraham J. Bonowitz, Douglas A. Pagitt, Lisa S. Harper, Suezann K. Bosler, Arthur J. Laffin, Randy Gardner, Derrick W. Jamison, Thomas W. Muther, Jr., Shane A. Claiborne, Sam R. Sheppard, and John M. Travers v. United States | District of Columbia | 2018-09-26 | Denied | Response WaivedIFP | 40-usc-6135 assembly constitutional-law display first-amendment free-speech overbreadth overbreadth-doctrine public-forum statutory-interpretation | Is the open-air, public space surrounding the Supreme Court a traditional public forum? |
| 18-5576 | DifAnkh Asar, aka James Walter Gist v. United States | Fourth Circuit | 2018-08-13 | Denied | Response WaivedIFP | acca categorical-approach civil-rights constitutional-vagueness criminal-statute due-process fifth-amendment overbreadth overbreadth-doctrine sixth-amendment vagueness vagueness-doctrine | Is South Carolina's Code Ann. 16-23-40 unconstitutional? |