Legal Opinion

Raymond Wayne Hill v. The City of Houston, Texas

Court of Appeals for the Fifth Circuit

Decided May 14, 1986No. 84-2181PublishedCited by 35 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

A Houston, Texas ordinance makes it a misdemeanor not only to assault but also to “in any manner oppose, molest, abuse or interrupt” a police officer in the execution of his duty. An individual who has been arrested several times for violating the ordinance, and who has never been found guilty, challenges its constitutionality as violating his right to freedom of speech. We hold that the plaintiff has standing to challenge the constitutionality of the ordinance, and that the ordinance in its present form is facially and substantially overbroad and, therefore,…

Also in this document: Dissent.

2Cases cited70 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Hensley v. EckerhartSupreme Court of the United States · 1983
  3. Warth v. SeldinSupreme Court of the United States · 1975
  4. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  5. New York Times Co. v. SullivanSupreme Court of the United States · 1964

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3Cited by35 opinions

  1. City of Houston v. HillSupreme Court of the United States · 1987
  2. Muhammad v. Com.Supreme Court of Virginia · 2005
  3. Muhammad v. Com.Supreme Court of Virginia · 2005
  4. Fairchild v. Liberty Independent School DistrictCourt of Appeals for the Fifth Circuit · 2010
  5. Samuel Eubanks, M.D. v. Wallace WilkinsonCourt of Appeals for the Sixth Circuit · 1991

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