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 | The Seventh Circuit decided Quintin Ferguson's 18 U.S.C. § 844(i) arson conviction was a crime of violence that subjected him to United States Sentenc… |
| 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 | When arguing that a state statute is overbroad under the categorical approach, and a particular state statute plainly prohibits actions that are broad… |
| 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 | 1. Whether § 1513(e) is facially overbroad in that, as interpreted by the court of appeals, the statute can be violated by mere speech alone. 2. Whet… |
| 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 any verbal act that resists, hinders, impedes, or interferes with a law enforcement officer is facially i… |
| 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 | 1. For facial challenges to a state prosecution on Second Amendment grounds, must a criminal defendant prove that no set of circumstances exist under … |
| 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, in violation of 8 U.S.C. 1324(a)(1)(A)(iv) an… |
| 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 | 1. Is a law that criminalizes expressive speech immunized from First Amendment scrutiny if it also criminalizes non-expressive conduct? 2. Is a law t… |
| 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 | 1. Is a law that criminalizes expressive speech immunized from any First Amendment scrutiny if it also criminalizes non-expressive conduct? 2. Is a l… |
| 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 | A Texas statute criminalizes sending repeated electronic communications with the intent and likely result of "harassing, annoying, alarming, abusing, … | |
| 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 | In Snyder v. Phelps, this Court held that speech on matters of public concern cannot be punished "simply because it is upsetting or arouses contempt,"… |
| 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 | I. Does a special condition of supervised release that prohibits possession or control of "any pornographic matter" violate due process as unconstitut… |
| 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 | This case concerns a methodological problem in applying the categorical approach. The categorical approach compares the elements of a state crime with… |
| 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 | 1. Whether the Sixth Circuit's denial of Petitioner's request for a certificate of appealability pursuant to 28 U.S.C. § 2253(c) was unreasonable, whe… |
| 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 | 1. Is a statute unconsti tutional, on its face, when it is a content-based restri ction that severel y criminalizes a substanti al amount of harml ess… |
| 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 | I. IF A STATES AIDING AND ABETTING STATUTE IS BROADER THAN THE FEDERAL GENERIC DEFINITION; DOES AIDING AND ABETTING AGGRAVATED ROBBERY QUALIFY AS A … |
| 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 | 1. Does a waiver of appeal, included in a written plea bargain agreement, procedurally bar the Petitioner's appeal to the Fifth Circuit wherein he arg… |
| 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 | 1. Is the open-air, public space surrounding the Supreme Court a traditional public forum, despite a flawed, constitutionally suspect challenged law t… |
| 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 | (1) Is South Carolina's Code Ann. 16-23-40 Unconstitutional on its face, as applied to Petitioner, and when read in conjunction with other laws becaus… |