Is the Louisiana Civil Code of Civil Procedure's prohibition on 'rule behavior or unnecessary noise' valid or vague in its effect on First Amendment rights?

California, United States of America


The following excerpt is from People v. Cruz, 101 Cal.Rptr. 711, 25 Cal.App.3d Supp. 1 (Cal. Super. 1972):

1. Although the statute may restrain freedom of speech indirectly or incidentally by prohibiting 'rule behavior or unnecessary noise,' there is no question of the validity of enactments which restrain speech which are otherwise the legitimate objects of the police power. (Cox v. Louisiana (1965) 379 U.S. 536, 85 S.Ct. 453, 13 L.Ed.2d 471.) If it be urged that the statute's prohibition of 'profane discourse' is vague or overbroad in its effect on First Amendment rights, it is sufficient to note that appellants were not charged with violating those portions of the statute. A court can hardly reverse a conviction for asserted invalidity of a portion of a statute under which the appellants were not charged.

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