Hillery C. Thorne, Jr. v. Robert Bailey, Sheriff Alfred E. Ferguson, Judge Lawrence Egnor, Judge

CHAPMAN, Circuit Judge:

Hillery C. Thorne, Jr., appeals the district court’s order denying his pro se habe-as corpus petition. The court rejected, inter alia, Thorne’s claims that his misdemeanor conviction under W.Va.Code § 61-8-16(a)(4) (1984)1 violated his First Amendment rights. The court held that conduct, not speech, was criminalized by the statute and since his conviction was based on his actions, not his words, the statute is neither unconstitutionally vague nor overbroad. The court also held the statute constitutional as applied to Thome. We affirm.

I

Thorne was a student at Marshall…