Legal Opinion

Lucas v. State

Supreme Court of Arkansas

Decided May 28, 1973No. CR 73-31PublishedCited by 10 opinions

1Opinion of the Court

J. Fred Jones, Justice.

Fred and Ray Lucas were convicted of abusive language defined as a breach of the peace under Ark. Stat. Ann. § 41-1412 (Repl. 1964) and were sentenced to 90 days imprisonment on the Pulaski County Penal Farm. On appeal to this court they rely on a single point stated as follows:

“Ark. Stats. Ann. § 41-1412 (Repl. 1964) is so vague and overbroad as to violate the freedom of speech guarantee of the First and Fourteenth Amendments to the Constitution of the United States.”

The pertinent part of § 41-1412, under which the appellants were charged and convicted, reads as…

2Cases cited8 opinions

  1. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  2. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  3. Lovell v. City of GriffinSupreme Court of the United States · 1938
  4. Gooding v. WilsonSupreme Court of the United States · 1972
  5. Herndon v. LowrySupreme Court of the United States · 1937

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

3Cited by10 opinions

  1. Mattie Hammond v. The Honorable Richard B. Adkisson, Pulaski County, Arkansas, Circuit Judge, and Monroe Love, Pulaski County, Arkansas, SheriffCourt of Appeals for the Eighth Circuit · 1976
  2. Bousquet v. StateSupreme Court of Arkansas · 1977
  3. Lucas v. StateSupreme Court of Arkansas · 1975
  4. Hammond v. StateSupreme Court of Arkansas · 1973
  5. Downs v. StateCourt of Special Appeals of Maryland · 1976

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

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