Is section 11-216(d) of the Federal Criminal Code unconstitutional because it imposes criminal penalties on a range of constitutionally protected activities, while its "plainly legitimate sweep" is quite limited?
MultiRegion, United States of America
The following excerpt is from Lind v. Grimmer, 30 F.3d 1115 (9th Cir. 1994):
We find that section 11-216(d) imposes criminal penalties for a substantial range of constitutionally protected conduct, while its "plainly legitimate sweep" is quite limited. See Broadrick v. Oklahoma, 413 U.S. 601, 615, 93 S.Ct. 2908, 2917, 37 L.Ed.2d 830 (1973). Accordingly, the statute must be invalidated on its face. See id.
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