State v. Vaughn
Annotate this CaseRespondent Danny Vaughn was charged with one count of burglary and one count of harassment. Both charges contained harassment elements. Upon a motion by Respondent, the motion court dismissed both counts, concluding that Mo. Rev. Stat. 565.090.1(5) and 565.090.1(6) were vague and overbroad. The Supreme Court affirmed in part and reversed in part, holding (1) section 565.090.1(5) criminalizes communication protected by the First Amendment and is unconstitutionally overbroad; but (2) as construed, section 565.090.1(6) is not overly broad, provides a reasonable notice of the conduct it prohibits, and provides a sufficiently concrete standard so as to mitigate the potential for arbitrary enforcement.
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