What You Don't Know Can Hurt You
The Soviet Union enacted an infamous law in 1922 that criminalized “hooliganism.” The crime was in the eye of the beholder, the beholder of consequence being the Soviet secret police. Because it was impossible for dissidents to know in advance whether they were violating this prohibition, they were always subject to arrest and imprisonment, all ostensibly according to law.
In the United States, we have legal safeguards against Soviet-style social controls, not least of which is the judicial branch’s ability to nullify laws so vague that they violate the right to due process. Yet far too many federal laws leave citizens unsure about the line between legal and illegal conduct, punishing incorrect guesses with imprisonment. The average working American adult, going about his or her normal life, commits several arguable federal felonies a day without even realizing it. Entire lives can change based on the attention of a creative federal prosecutor interpreting vague criminal laws.
Mail Fraud for Art
Consider the federal prohibition of “mail fraud,” which mainly
Or consider the Computer Fraud and Abuse Act, a 1986 law whose
The most dangerously far-reaching statutes tend to result from
That may be so, but using the criminal law to punish upsetting
Fortunately, these and other common-sense objections seemed to
While Congress has not passed anti-bullying legislation yet, it
Peaceniks for Terrorism
The federal ban on providing “material support” to a terrorist
Although the HLP’s plans were limited to offering advice and
Fertig got his answer about a dozen years after initially Holder v. that the statute was not
In a vivid illustration that the material support ban is not New York Times op-ed that several hawks
These examples show that vague laws threaten Americans from all
Harvey A. (has@harveysilverglate.com), a criminal defense and Three Felonies a Day: How the Feds Target the Innocent (Encounter Books), which was just published in paperback.
Oklahoma City Social Security Lawyers - News
Originally enacted as part of the 1996 Anti-Terrorism and Effective Death Penalty Act, which passed with broad bipartisan support following the Oklahoma City bombing, the material support statute has been amended several times, most notably by the 2001
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Additionally, eight soldiers from Oklahoma City's Detachment 46 Operational Support Airlift were advised they may be heading to the Horn of Africa in the summer of 2012. “These notifications aren't really a surprise to those serving in the Oklahoma
By AP Writer | (AP) OKLAHOMA CITY (AP) The Osage Nation opposes a plan to build wind farms near the Nature Conservancy's Tallgrass Prairie Preserve in northeastern Oklahoma, saying it believes the wind farms would harm the ecosystem and hinder future
He was named one of the “Best Lawyers in America” in 2010 and 2011, and was a Washington, DC, "Super Lawyer" in 2007 and 2011. He was appointed by President Obama to the Board of Trustees for the Woodrow Wilson International Center for Scholars in the
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ABA Journal
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