Legal Opinion

In Re Simmons

Court of Appeals of North Carolina

Decided November 25, 1974No. 7413DC387PublishedCited by 13 opinions

1Opinion of the Court

PARKER, Judge.

At the hearing before the District Judge respondent’s counsel by timely motions attacked the constitutionality of G.S. 14-196 (a) (1) on the grounds that the statute is vague and over- broad and violates the First and Fourteenth Amendments. The District Judge denied the motions and in this we find no error. G.S. 14-196(a) (1) is as follows:

“G.S. 14-196(a). It shall be unlawful for any person:
“(1) To use in telephonic communications any words or language of a profane, vulgar, lewd, lascivious or indecent character, nature or connotation.”

Admittedly the language of the statute is…

2Cases cited8 opinions

  1. Cohen v. CaliforniaSupreme Court of the United States · 1971
  2. In Re BurrusSupreme Court of North Carolina · 1969
  3. State v. LynchSupreme Court of North Carolina · 1971
  4. State v. BarnesSupreme Court of North Carolina · 1965
  5. State v. VickersSupreme Court of North Carolina · 1968

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

3Cited by13 opinions

  1. State v. EtheridgeSupreme Court of North Carolina · 1987
  2. State v. BodtkeNebraska Supreme Court · 1985
  3. State v. AlexanderCourt of Appeals of Washington · 1995
  4. State v. DysonCourt of Appeals of Washington · 1994
  5. Matter of ChavisCourt of Appeals of North Carolina · 1976

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

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