State v. Davis
Georgia Supreme Court
272 S.E.2d 721 (1980)
Relevant factsFree
The State (plaintiff) indicted Davis (defendant) for criminal solicitation after he allegedly asked M.I. Lawson to sell marijuana. Davis moved to dismiss the indictment, arguing the solicitation statute was unconstitutionally vague and overbroad under the First Amendment because it swept in protected advocacy along with genuine solicitation; the trial court agreed and dismissed the indictment, and the State appealed.
IssueFree
Whether the state's criminal solicitation statute is unconstitutionally vague or overbroad because it may reach speech protected by the First Amendment.