Legal Opinion
Tobacco Accessories and Novelty Craftsmen Merchants Association of Louisiana v. David C. Treen, as Governor of Louisiana
Court of Appeals for the Fifth Circuit
Decided July 29, 1982No. 80-3854PublishedCited by 40 opinions
1Opinion of the Court
POLITZ, Circuit Judge:
This case presents a pre-enforcement facial challenge to the constitutionality of Louisiana’s Drug Paraphernalia Law, La. R.S. 40:1031-36 (Louisiana Act). Invoking 42 U.S.C. §§ 1983, 1985 and 28 U.S.C. §§ 2201 and 2202, plaintiffs 1 charge that the Louisiana Act is vague and overbroad, not rationally related to a legitimate state interest and infringes on first amendment guarantees. The district court upheld its validity. 501 F.Supp. 168. We affirm.
Background
The Louisiana Act is patterned after the Model Drug Paraphernalia Act (Model Act) drafted by the Department of…
2Cases cited27 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
22 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Town Tobacconist v. KimmelmanSupreme Court of New Jersey · 1983
- William Stoianoff D/B/A the Joint Effort, Plaintiff-Appellant/cross-Appellee v. State of Montana, Defendants-Appellees/cross-AppellantsCourt of Appeals for the Ninth Circuit · 1983
- State v. NewmanIdaho Supreme Court · 1985
- Walker v. StateMississippi Supreme Court · 2004
- United States v. William T. WuligerCourt of Appeals for the Sixth Circuit · 1992
35 more not listed; retrieve them via the Exa API.