They do not have common meanings to which all agree. Clearly, he was not only reckless about using vulgar language, but purposeful. In the one hundred year-plus history of the statute, there are no published cases addressing the statute.
Smith will also argue, for many of the same reasons already stated, that the language of the statute is overly broad. About forty yards ahead of him, there was a group of people traveling down the river together.
Void for Vagueness Timothy Boomer will argue that the Michigan statute violates the due process clause of the U. However, this argument will be problematic since Smith will be arguing that the statute is void on its face and not just in application to his case.
Timothy Boomer was in one of the five canoes. What arguments can he make in support of his motion? Socia looked up and saw Boomer chasing a group of canoes, splashing water at them with his paddle, and repeatedly swearing at them.
Morales that the average person knows when they are loitering with no apparent purpose. This presumption makes sense here since the law was meant to prohibit offending women and children and so a person would be at their own risk, if they used offensive language, to be sure there were no women or children present.
Socia issued Boomer a citation for violating the following Michigan statute: This statute was enacted in If this statute were strict liability which could be argued in that it is a misdemeanor offense dealing with an issue of public welfarethe attendant circumstance would obviously still be strict liability.
The group consisted of five canoes. Mens rea as to attendant circumstance Boomer can argue that he had no idea there were women and children around.
A statute can be void for vagueness in one of three ways: For example, in this case, when Timothy Boomer fell into the water and cussed, these words are universally unacceptable in mixed company.
What arguments might the prosecution make in response? Smith saw Boomer fall out of his canoe and into the river, at which point Boomer loudly uttered a stream of profanities, while slapping the river and throwing his hands into the air.
The prosecution may respond to this argument that the average person understands what would be insulting to a woman or children, just as the dissent argued in Chicago v.
The meaning of the words turns too much on the sensibilities of the individual. Any person who shall use any indecent, immoral, obscene, vulgar or insulting language in the presence or hearing of any woman or child shall be guilty of a misdemeanor.
Constitution because it is void for vagueness. At his arraignment on the misdemeanor charge, Boomer moves to dismiss the charge. The river around Smith and Boomer was crowded with families and children."Business Law Final Exams Multi Choice Questions And Answers" Essays and Research Papers.
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