How have courts treated the doctrine of vagueness in the context of due process law?

California, United States of America


The following excerpt is from Amusing Sandwich, Inc. v. City of Palm Springs, 165 Cal.App.3d 1116, 211 Cal.Rptr. 911 (Cal. App. 1985):

"[T]he due process doctrine of vagueness ... incorporates notions of fair notice or warning.... '[A] statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application, violates the first essential of due process of law.' " (Smith v. Goguen (1974) 415 U.S. 566, 572, 94 S.Ct. 1242, 1247, 39 L.Ed.2d 605.)

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