Legal Opinion

State v. Brown

Supreme Court of South Carolina

Decided April 15, 1980No. 21197PublishedCited by 3 opinions

1Opinion of the Court

Ness, Justice:

Appellant Allen Pearl Brown was found guilty of making an obscene telephone call and sentenced to one year. He asserts the statute proscribing obscene telephone calls is unconstitutionally vague and overbroad. We disagree.

On August 4, 1978, Ms. Kate Odom received an obscene telephone call from an anonymous male caller, who was subsequently identified as appellant, with whom Ms. Odom had prior business contacts.

Section 16-17-430, Code of Laws of South Carolina (1976), provides in relevant part:

“It shall be unlawful for any person anonymously or otherwise: (1) To use in a…

2Cases cited5 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Miller v. CaliforniaSupreme Court of the United States · 1973
  3. Winters v. New YorkSupreme Court of the United States · 1948
  4. Walker v. DillardCourt of Appeals for the Fourth Circuit · 1975
  5. State v. HagenCourt of Appeals of Arizona · 1976

3Cited by3 opinions

  1. State v. GattisNew Mexico Court of Appeals · 1986
  2. State v. BucknerCourt of Appeals of South Carolina · 2000
  3. City of Columbia v. MoserSupreme Court of South Carolina · 1983

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