Armstrong v. Ellington

OPINION

ROBERT M. McRAE, Jr., District Judge.

In this case the plaintiffs seek a declaratory judgment of the uneonstitutionality of the Tennessee criminal statute described in its caption as “Prowling or traveling for purposes of destroying property or intimidating citizens— Threats or intimidation — Penalty” T.C. A. § 39-2805. It is alleged that the statute is vague and overbroad, and therefore chills the exercise of First Amendment rights. Plaintiffs also seek injunctive relief prohibiting their trial in the state court where they have been indicted for violation of portions of the statute.

All…