Vance Murphy, D/B/A the Store v. The Honorable Scott Matheson, Individually and as Governor of the State of Utah
Court of Appeals for the Tenth Circuit
Submitted on Briefs.
1Opinion of the Court
HOLLOWAY, Circuit Judge.
This case presents a pre-enforcement facial challenge to the constitutionality of Utah’s Drug Paraphernalia Act, Utah Code Ann. § 58-37a-l to -6 (Supp.1983) (Utah Act). Plaintiffs are owners and operators of The Store in Ogden, Utah and The Village Idiot in Salt Lake City, Utah, which are businesses that sell a variety of smoking accessories. Plaintiffs charge that the Utah Act is unconstitutionally overbroad and vague, is not rationally related to a legitimate state interest, and infringes on due process guarantees. The district court upheld the Act’s validity. We…
2Cases cited56 opinions
- Buckley v. ValeoSupreme Court of the United States · 1976
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Fuentes v. ShevinSupreme Court of the United States · 1972
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3Cited by22 opinions
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- National Council for Improved Health v. ShalalaCourt of Appeals for the Tenth Circuit · 1997
- United States v. Jerry Schneiderman, Jerry Ranallo, Larry Butler and Insertion Advertising Corp.Court of Appeals for the Second Circuit · 1992
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