Legal Opinion

Legend Night Club v. Miller

Court of Appeals for the Fourth Circuit

Decided February 17, 2011No. 09-1540PublishedCited by 94 opinions

1Opinion of the Court

Affirmed by published opinion. Judge WYNN wrote the majority opinion, in which Judge DAVIS joined. Senior Judge HAMILTON wrote a separate opinion concurring in part and dissenting in part.

OPINION

WYNN, Circuit Judge:

“Under the doctrine of over-breadth, a statute violates the First Amendment it if prohibits a substantial amount of protected expression.” PSINet, Inc. v. Chapman, 362 F.3d 227, 234 (4th Cir.2004). Defendants appeal a permanent injunction prohibiting the enforcement of a Maryland statute due to its overbreadth. We conclude that the statute — which limits the range of permissible…

2Cases cited27 opinions

  1. Elrod v. BurnsSupreme Court of the United States · 1976
  2. Broadrick v. OklahomaSupreme Court of the United States · 1973
  3. New York v. FerberSupreme Court of the United States · 1982
  4. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
  5. Shelton v. TuckerSupreme Court of the United States · 1960

22 more not listed; retrieve them via the Exa API.

3Cited by94 opinions

  1. National Federation of the Blind v. Linda LamoneCourt of Appeals for the Fourth Circuit · 2016
  2. Brown v. Dep't of Pub. Safety & Corr. Servs.District Court, D. Maryland · 2019
  3. JTH Tax, Inc. v. GrabertDistrict Court, E.D. Virginia · 2014
  4. Gurpinder Othi v. Eric Holder, Jr.Court of Appeals for the Fourth Circuit · 2013
  5. Maages Auditorium v. Prince George's CountyDistrict Court, D. Maryland · 2014

89 more not listed; retrieve them via the Exa API.

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