Legal Opinion

People v. Taravella

Michigan Court of Appeals

Decided April 2, 1984No. Docket 72567PublishedCited by 25 opinions

1Opinion of the CourtAllen, P.J.

We are asked to determine whether the Michigan statute proscribing the malicious use of telephone and telegraph services, MCL 750.540e; MSA 28.808(5), is unconstitutionally overbroad and vague. The question presented is of first impression and comes to us on the following facts.

On September 8, 1980, defendant was charged in the 37th District Court with unlawfully making obscene or harassing telephone calls, contrary to MCL 750.540e; MSA 28.808(5). Prior to trial, defendant brought a motion to quash, challenging the statute as unconstitutionally vague and overbroad. On February 19, 1981, the…

2Cases cited22 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  3. Miller v. CaliforniaSupreme Court of the United States · 1973
  4. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  5. Alderman v. United StatesSupreme Court of the United States · 1969

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

3Cited by25 opinions

  1. Galloway v. StateCourt of Appeals of Maryland · 2001
  2. State v. KipfNebraska Supreme Court · 1990
  3. State v. GattisNew Mexico Court of Appeals · 1986
  4. Barson v. Com.Supreme Court of Virginia · 2012
  5. State v. AlexanderCourt of Appeals of Washington · 1995

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

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