Legal Opinion · Concurrence

Castro v. Superior Court

California Court of Appeal

Decided July 17, 1970No. Civ. 34178Published

1ConcurrenceReppy, J.

I concur in part and dissent in part with respect to the scholarly lead opinion of Presiding Justice Kaus, and I disagree with part of the views expressed by my colleague, Justice Stephens. I do not reach his subject and treatment in another part.

I concur with the lead opinion’s handling and disposition of count VIII (the misdemeanor charge), as does Justice Stephens.

I concur with the lead opinion’s determination (made in dealing with count XV) that section 16701 of the Education Code is overbroad.1 The *712action words in that section “willfully disturb” unaccompanied by narrowing modifiers such…

2Cases cited12 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
  3. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  4. Bouie v. City of ColumbiaSupreme Court of the United States · 1964
  5. Smith v. CaliforniaSupreme Court of the United States · 1960

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