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Tennessee Law Drags On

Advisory Opinions

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The Supreme Court's Over Breadth Vagueness Challenge

Every single over breadth vagueness challenge I've ever been a part of in my career has been a challenge to a newly passed or pretty freshly passed statute that was passed for the purpose of chilling speech. And here you're walking and you're saying. Huh what looks like happened is that some really smart lawyers took a look at sort of part of the menu of statutes that this really bad dude was prosecuted under. It's just not sympathetic facts, but the court is going to speak to two things here that first amendment folks are going to really care about one: How do we think about chilling 70 years later? Two and relatedly, when can someone bring an over breadth challenge.

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