city chicago morales et argued december decided june chicago gang congregation ordinance prohibits criminal street gang members loitering public places ordinance police officer observes person reasonably believes gang member loitering public place one persons shall order disperse anyone promptly obey order violated ordinance police department general order purports limit officers enforcement discretion confining arrest authority designated officers establishing detailed criteria defining street gangs membership therein providing designated publicly undisclosed enforcement areas two trial judges upheld ordinance constitutionality eleven others ruled invalid illinois appellate affirmed latter cases reversed convictions former state affirmed holding ordinance violates due process impermissibly vague face arbitrary restriction personal liberties held judgment affirmed affirmed justice stevens delivered opinion respect parts ii concluding ordinance broad sweep violates requirement legislature establish minimal guidelines govern law enforcement kolender lawson ordinance encompasses great deal harmless behavior public place chicago persons company gang member shall ordered disperse purpose apparent officer moreover illinois interprets ordinance loitering definition remain one place apparent purpose giving officers absolute discretion determine activities constitute loitering see authority construe language state statute narrowly state highest see smiley kansas three features ordinance city argues limit officer discretion permit issuance dispersal order anyone moving along apparent purpose permit arrest individuals obey dispersal order order issue unless officer reasonably believes one loiterers gang member insufficient finally illinois correct general order sufficient limitation police discretion see smith goguen pp justice stevens joined justice souter justice ginsburg concluded parts iii iv vi improper state courts conclude ordinance covers significant amount activity addition intimidating conduct factual predicate invalid face enactment may attacked face impermissibly vague inter alia fails establish standards police public sufficient guard arbitrary deprivation liberty kolender lawson freedom loiter innocent purposes part liberty see kent dulles ordinance vagueness makes facial challenge appropriate enactment simply regulates business behavior contains scienter requirement see hoffman estates flipside hoffman estates criminal law contains mens rea requirement see colautti franklin infringes constitutionally protected rights see id pp ordinance fails give ordinary citizen adequate notice forbidden permitted impermissibly vague see coates cincinnati term loiter may common accepted meaning ordinance definition term remain one place apparent purpose difficult imagine chicagoan standing public place group people know apparent purpose vagueness loitering covered dooms ordinance city principal response adequate notice concern loiterers subject criminal sanction disobeyed dispersal order unpersuasive least two reasons first fair notice requirement purpose enable ordinary citizen conform conduct law see lanzetta new jersey dispersal order issued prohibited conduct occurred retroactively provide adequate notice boundary permissible impermissible applications ordinance second dispersal order terms compound inadequacy notice afforded ordinance vaguely requires officer order persons disperse remove area thereby raises host questions duration distinguishing features loiterers separation pp justice joined justice breyer concluded construed illinois chicago ordinance unconstitutionally vague lacks sufficient minimal standards guide law enforcement officers particular fails provide standard police judge whether individual apparent purpose vagueness alone provides sufficient ground affirming judgment need consider issues briefed parties addressed plurality important courts legislatures alike characterize clearly narrow scope holding chicago still reasonable alternatives combat real threat posed gang intimidation violence including adoption laws directly prohibit congregation gang members intimidate residents enforcement existing laws effect moreover ordinance construed narrowly avoid vagueness problem adopting limitations restrict ordinance criminal penalties gang members interpreting term apparent purpose narrowly light chicago city council findings however impose limiting construction state declined adopt see kolender lawson illinois misapplied precedents particularly papachristou jacksonville extent read requiring hold ordinance vague applications pp justice kennedy concluded interpreted illinois chicago ordinance unconstitutionally reaches broad range innocent conduct therefore necessarily saved requirement citizen disobey dispersal order violation although assumed disobeying police commands subject citizen prosecution whether citizen knows order given follow unexplained police order must obeyed without notice lawfulness predicate dispersal order sufficient eliminate doubts regarding adequacy notice ordinance citizen engaging wide array innocent conduct likely know may subject order based officer knowledge identity affiliations persons citizen congregating may citizen able assess officer might conceive citizen lack apparent purpose pp justice breyer concluded ordinance violates constitution delegates much discretion police saved limitations requiring police reasonably believe person ordered disperse someone accompanying gang member remain public place apparent purpose violate usual rules governing facial challenges forbid city apply unconstitutional ordinance case way distinguish ordinance terms one application unlimited police discretion another unconstitutional policeman applied discretion wisely poorly particular case rather policeman enjoys much discretion every case every application ordinance represents exercise unlimited discretion ordinance invalid applications see lanzetta new jersey contrary justice scalia suggestion ordinance escape facial invalidation simply may provide fair warning individual defendants prohibits conduct engaged ordinance unconstitutional provides insufficient notice provide sufficient minimal standards guide police see coates cincinnati pp stevens announced judgment delivered opinion respect parts ii kennedy souter ginsburg breyer joined opinion respect parts iii iv vi souter ginsburg joined filed opinion concurring part concurring judgment breyer joined kennedy breyer filed opinions concurring part concurring judgment scalia filed dissenting opinion thomas filed dissenting opinion rehnquist scalia joined city chicago petitioner jesus morales et al writ certiorari illinois june justice stevens announced judgment delivered opinion respect parts ii opinion respect parts iii iv vi justice souter justice ginsburg join chicago city council enacted gang congregation ordinance prohibits criminal street gang members loitering one another persons public place question presented whether illinois correctly held ordinance violates due process clause fourteenth amendment federal constitution ordinance adopted city council committee police fire conducted hearings explore problems created city street gangs particularly consequences public loitering gang members witnesses included residents neighborhoods gang members active well aldermen represent areas based evidence council made series findings included text ordinance explain reasons enactment council found continuing increase criminal street gang activity largely responsible city rising murder rate well escalation violent drug related crimes noted many neighborhoods throughout city burgeoning presence street gang members public places intimidated many law abiding citizens furthermore council stated gang members establish control identifiable areas loitering areas intimidating others entering areas embers criminal street gangs avoid arrest committing offense punishable existing laws know police present ibid found loitering public places criminal street gang members creates justifiable fear safety persons property area ggressive action necessary preserve city streets public places public may use places without fear moreover council concluded city interest discouraging persons loitering public places criminal gang members ibid ordinance creates criminal offense punishable fine imprisonment six months requirement perform hours community service commission offense involves four predicates first police officer must reasonably believe least one two persons present public place criminal street gang membe second persons must loitering ordinance defines remain ing one place apparent purpose third officer must order persons disperse remove area fourth person must disobey officer order person whether gang member disobeys officer order person guilty violating ordinance ibid two months ordinance adopted chicago police department promulgated general order provide guidelines govern enforcement order purported establish limitations enforcement discretion police officers ensure loitering ordinance enforced arbitrary discriminatory way chicago police department general order reprinted app pet cert limitations confine authority arrest gang members violate ordinance sworn members gang crime section certain designated officers establish detailed criteria defining street gangs membership gangs addition order directs district commanders designate areas presence gang members demonstrable effect activities law abiding persons surrounding community provides ordinance enforced within designated areas city however release locations designated areas public ii three years enforcement police issued dispersal orders arrested people violating ordinance ensuing enforcement proceedings two trial judges upheld constitutionality ordinance eleven others ruled invalid respondent youkhana case trial judge held ordinance fails notify individuals conduct prohibited encourages arbitrary capricious enforcement police illinois appellate affirmed trial ruling youkhana case consolidated affirmed pending appeals accordance youkhana reversed convictions respondents gutierrez morales others appellate persuaded ordinance impaired freedom assembly members violation first amendment federal constitution article illinois tution unconstitutionally vague improperly criminalized status rather conduct jeopardized rights guaranteed fourth amendment illinois affirmed held gang loitering ordinance violates due process law impermissibly vague face arbitrary restriction personal liberties reach contentions ordinance creates status offense permits arrests without probable cause overbroad ibid support vagueness holding pointed definition loitering ordinance drew distinction innocent conduct conduct calculated cause harm moreover definition loiter provided ordinance assist clearly articulating proscriptions ordinance furthermore concluded ordinance reasonably susceptible limiting construction affirm validity granted certiorari affirm like illinois conclude ordinance enacted city chicago unconstitutionally vague iii basic factual predicate city ordinance dispute city argues brief presence large collection obviously brazen insistent lawless gang members public ways intimidates residents become afraid even leave homes go business turn imperils community residents sense safety security detracts property values ultimately destabilize entire neighborhoods findings ordinance explain motivated concerns doubt law directly prohibited intimidating conduct constitutional ordinance broadly covers significant amount additional activity uncertainty scope additional coverage provides basis respondents claim ordinance vague confronted outset city claim improper state courts conclude ordinance invalid face city correctly points imprecise laws attacked face two different doctrines first overbreadth doctrine permits facial invalidation laws inhibit exercise first amendment rights impermissible applications law substantial judged relation statute plainly legitimate sweep broadrick oklahoma second even enactment reach substantial amount constitutionally protected conduct may impermissibly vague fails establish standards police public sufficient guard arbitrary deprivation liberty interests kolender lawson like illinois courts conclude ordinance invalid face rely overbreadth doctrine agree city submission law sufficiently substantial impact conduct protected first amendment render unconstitutional ordinance prohibit speech term loiter defined remaining one place apparent purpose also clear prohibit form conduct apparently intended convey message terms ordinance inapplicable assemblies designed demonstrate group support opposition particular point view cf clark community creative gregory chicago impact social contact gang members others impair first amendment right association cases recognized see dallas stanglin hand recognizes freedom loiter innocent purposes part liberty protected due process clause fourteenth amendment expressly identified right remove one place another according inclination attribute personal liberty protected constitution williams fears see also papachristou jacksonville indeed apparent individual decision remain public place choice much part liberty freedom movement inside frontiers part heritage kent dulles right move whatsoever place one inclination may direct identified blackstone commentaries blackstone commentaries laws england need however decide whether impact chicago ordinance constitutionally protected liberty alone suffice support facial challenge overbreadth doctrine cf aptheker secretary state right travel planned parenthood central mo danforth abortion kolender lawson nn clear vagueness enactment makes facial challenge appropriate ordinance simply regulates business behavior contains scienter requirement see hoffman estates flipside hoffman estates criminal law contains mens rea requirement see colautti franklin infringes constitutionally protected rights see id vagueness permeates text law subject facial attack vagueness may invalidate criminal law either two independent reasons first may fail provide kind notice enable ordinary people understand conduct prohibits second may authorize even encourage arbitrary discriminatory enforcement see kolender lawson accordingly first consider whether ordinance provides fair notice citizen discuss potential arbitrary enforcement iv established law fails meet requirements due process clause vague standardless leaves public uncertain conduct prohibits giaccio pennsylvania illinois recognized term loiter may common accepted meaning definition term ordinance remain one place apparent purpose difficult imagine citizen city chicago standing public place group people know apparent purpose talking another person apparent purpose frequently checking watch looking expectantly street apparent purpose since city conceivably meant criminalize instance citizen stands public gang member vagueness dooms ordinance product uncertainty normal meaning loitering rather loitering covered ordinance illinois emphasized law failure distinguish innocent conduct conduct threatening harm decision followed precedent set number state courts upheld ordinances criminalize loitering combined overt act evidence criminal intent however state courts uniformly invalidated laws join term loitering second specific element crime city principal response concern adequate notice loiterers subject sanction failed comply officer order disperse hatever problem created law criminalizes conduct people normally believe innocent solved persons receive actual notice police order expected find response unpersuasive least two reasons first purpose fair notice requirement enable ordinary citizen conform conduct law one may required peril life liberty property speculate meaning penal statutes lanzetta new jersey although true loiterer subject criminal sanctions unless disobeys dispersal order loitering conduct ordinance designed prohibit loitering fact harmless innocent dispersal order unjustified impairment liberty police able decide arbitrarily members public order disperse chicago ordinance becomes indistinguishable law held invalid shuttlesworth birmingham officer may issue order prohibited conduct already occurred provide kind advance notice protect putative loiterer ordered disperse order retroactively give adequate warning boundary permissible impermissible applications law second terms dispersal order compound inadequacy notice afforded ordinance provides officer shall order persons disperse remove area app pet cert vague phrasing raises host questions order issues long must loiterers remain apart far must move loiterer walks around block meet location subject arrest merely ordered disperse found vagueness criminal statute exacerbated use standards neighborhood locality connally general constr remarked connally oth terms elastic dependent upon circumstances may equally satisfied areas measured rods miles lack clarity description loiterer duty obey dispersal order might render ordinance unconstitutionally vague definition forbidden conduct clear buttress conclusion entire ordinance fails give ordinary citizen adequate notice forbidden permitted constitution permit legislature set net large enough catch possible offenders leave courts step inside say rightfully detained set large reese ordinance therefore vague sense requires person conform conduct imprecise comprehensible normative standard rather sense standard conduct specified coates cincinnati broad sweep ordinance also violates requirement legislature establish minimal guidelines govern law enforcement kolender lawson guidelines ordinance public place city chicago persons stand sit company gang member may ordered disperse unless purpose apparent mandatory language enactment directs police issue order without first making inquiry possible purposes matters whether reason gang member father example might loiter near wrigley field rob unsuspecting fan get glimpse sammy sosa leaving ballpark either event purpose apparent nearby police officer may indeed shall order disperse recognizing ordinance reach substantial amount innocent conduct turn language determine necessarily entrusts lawmaking judgment policeman beat kolender lawson internal quotation marks omitted discussed context fair notice see supra principal source vast discretion conferred police case definition loitering remain one place apparent purpose illinois interprets definition provides absolute discretion police officers determine activities constitute loitering authority construe language state statute narrowly construction given state highest power determine meaning statute carries power prescribe extent limitations well method shall determined smiley kansas nevertheless city disputes illinois interpretation arguing text ordinance limits officer discretion three ways first permit officer issue dispersal order anyone moving along apparent purpose second permit arrest individuals obey dispersal order third order issue unless officer reasonably believes one loiterers member criminal street gang even putting one side duty defer state construction scope local enactment find limitations insufficient ordinance apply people moving activity constitute loitering possible definition term even address question much discretion police enjoy deciding stationary persons disperse ordinance similarly ordinance permit arrest dispersal order disobeyed provide guidance officer deciding whether order issue apparent purpose standard making decision inherently subjective application depends whether purpose apparent officer scene presumably officer discretion treat purposes perhaps purpose engage idle conversation simply enjoy cool breeze warm evening frivolous apparent suspected different ulterior motive moreover officer conscious city council reasons enacting ordinance might well ignore text issue dispersal order even though illicit purpose actually apparent true city argues requirement officer reasonably believe group loiterers contains gang member place limit authority order dispersal limitation doubt sufficient ordinance applied loitering apparently harmful purpose effect possibly applied loitering persons reasonably believed criminal gang members ordinance reasons explained findings city council requires harmful purpose applies members well suspected gang members applies everyone city may remain one place one suspected gang member long purpose apparent officer observing friends relatives teachers counselors even total strangers might unwittingly engage forbidden loitering happen engage idle conversation gang member ironically definition loitering chicago ordinance extends scope encompass harmless conduct also perverse consequence excluding coverage much intimidating conduct motivated enactment city council findings demonstrate harmful gang loitering motivated either apparent purpose publicize gang dominance certain territory thereby intimidating nonmembers equally apparent purpose conceal ongoing commerce illegal drugs illinois placed limiting construction language ordinance must assume ordinance means says application loiterers whose purpose apparent relative importance application harmless loitering magnified inapplicability loitering obviously threatening illicit purpose finally opinion striking ordinance illinois refused accept general order issued police department sufficient limitation vast amount discretion granted police enforcement agree see smith goguen police adopted internal rules limiting enforcement certain designated areas city provide defense loiterer might arrested elsewhere person knowingly loitered gang member anywhere city safely assume ordered disperse matter innocent harmless loitering might vi judgment illinois correctly concluded ordinance provide sufficiently specific limits enforcement discretion police meet constitutional standards definiteness clarity recognize serious difficult problems testified citizens chicago led enactment ordinance mindful preservation liberty depends part maintenance social order houston hill however instance city enacted ordinance affords much discretion police little notice citizens wish use public streets accordingly judgment illinois affirmed city chicago petitioner jesus morales et al writ certiorari illinois june justice justice breyer joins concurring part concurring judgment agree chicago gang congregation ordinance chicago municipal code gang loitering ordinance ordinance unconstitutionally vague penal law void vagueness fails define criminal offense sufficient definiteness ordinary people understand conduct prohibited fails establish guidelines prevent arbitrary discriminatory enforcement law kolender lawson important aspect vagueness doctrine requirement legislature establish minimal guidelines govern law enforcement quoting smith goguen share justice thomas concern consequences gang violence agree degree police discretion necessary allow police perform peacekeeping responsibilities satisfactorily see post dissenting opinion criminal law however must permit policemen prosecutors juries conduct standardless sweep pursue personal predilections kolender lawson supra quoting smith goguen supra ordinance issue provides whenever police officer observes person reasonably believes criminal street gang member loitering public place one persons shall order persons disperse remove area person promptly obey order violation section app pet cert oiter turn defined ordinance remain one place apparent purpose ibid illinois declined adopt limiting construction ordinance concluded ordinance vested absolute discretion police officers emphasis added bound illinois construction ordinance see terminiello chicago construed illinois chicago gang loitering ordinance unconstitutionally vague lacks sufficient minimal standards guide law enforcement officers particular fails provide police standard judge whether individual apparent purpose indeed person standing street general purpose even simply stand ordinance permits police officers choose purposes permissible construction police decide individual threaten ing public peace issue dispersal order see post thomas dissenting police officer chicago free illinois construction ordinance order whim person standing public place suspected gang member disperse construed illinois ordinance applies hundreds thousands persons gang members standing sidewalk park coffee shop bar location open public whether publicly privately owned chicago municipal code sure violation ordinance unless person fails obey promptly order disperse police officer issue dispersal order decides person remaining one place apparent purpose ordinance provides guidance officer make antecedent decision moreover requirement police issue dispersal orders reasonably believ group loiterers includes gang member fails cure ordinance vague aspects ordinance applied persons reasonably believed gang members requirement might cured ordinance vagueness directed manner order issued specifying order issued cf ante illinois construe ordinance limited see vagueness consideration alone provides sufficient ground affirming illinois decision agree part opinion discusses consideration see ante hat ordinance permit arrest dispersal order disobeyed provide guidance officer deciding whether order issue ante true requirement officer reasonably believe group loiterers contains gang member place limit authority order dispersal limitation doubt sufficient ordinance applied loitering apparently harmful purpose effect possibly applied loitering persons reasonably believed criminal gang members accordingly need consider issues briefed parties addressed plurality express opinion important courts legislatures alike characterize clearly narrow scope today holding ordinance comes unconstitutionally vague nevertheless remain open chicago reasonable alternatives combat real threat posed gang intimidation violence example properly expressly distinguishes ordinance laws require loiterers harmful purpose see laws target gang members see ibid laws incorporate limits area manner laws may enforced see ante addition ordinance unlike law directly prohibit presence large collection obviously brazen insistent lawless gang members public ways intimidates residents ante quoting brief petitioner indeed plurality notes city chicago several laws exactly see ante chicago even enacted provision enables police officers fulfill traditional functions including preserving public peace see post thomas dissenting specifically chicago general disorderly conduct provision allows police arrest knowingly provoke make aid making breach peace see chicago municipal code view gang loitering ordinance construed narrowly term loiter might possibly construed limited fashion mean remain one place apparent purpose establish control identifiable areas intimidate others entering areas conceal illegal activities definition consistent chicago city council findings avoid vagueness problems ordinance construed illinois see app pet cert noted limitations restricted ordinance criminal penalties gang members carefully delineated circumstances penalties apply nongang members illinois choose give limiting construction chicago ordinance extent relied precedents particularly papachristou jacksonville requiring hold ordinance vague applications intentionally drafted vague manner illinois misapplied precedents see never held intent drafters determines whether law vague nevertheless impose limiting construction state declined adopt see kolender noting held purpose determining whether state statute vague indefinite constitute valid legislation must take statute though read precisely highest state interpreted citations internal quotation marks omitted new york ferber noting dealing state statute direct review decision construed statute uch construction binding us accordingly join parts ii opinion concur judgment city chicago petitioner jesus morales et al writ certiorari illinois june justice kennedy concurring part concurring judgment join parts ii justice stevens opinion also share many concerns expresses part iv respect sufficiency notice ordinance interpreted illinois chicago ordinance reach broad range innocent conduct reason necessarily saved requirement citizen must disobey police order disperse violation often examined types orders cf shuttlesworth birmingham assumed however police commands subject citizen prosecution disobeying whether citizen knows order given illustrative examples include police tell pedestrian enter building reason avoid impeding rescue team protect crime scene secure area protection public official follow however unexplained police order must obeyed without notice lawfulness order predicate order disperse view sufficient eliminate doubts regarding adequacy notice ordinance citizen engaging wide array innocent conduct likely know may subject dispersal order based officer knowledge identity affiliations persons citizen congregating may citizen able assess officer might conceive citizen lack apparent purpose city chicago petitioner jesus morales et al writ certiorari illinois june justice breyer concurring part concurring judgment ordinance us creates minor limitation upon free state nature post scalia dissenting emphasis added law authorizes police officer order person remove location open public whether publicly privately owned chicago municipal code sidewalk front stoop public park public square lakeside promenade hotel restaurant bowling alley bar barbershop sports arena shopping mall two two limitations first person must accompanied must someone police reasonably believe gang member second person must remained public place apparent purpose first limitation save ordinance though limits number persons subject law leaves many individuals gang members nongang members alike subject strictures limit way range conduct police may prohibit second limitation justice stevens ante justice ante point limitation since one always apparent purpose limitation invites fact requires policeman interpret words apparent purpose meaning apparent purpose except ordinance delegation policeman discretion fill blank problem lies grant policeman virtually standardless discretion close major portions city innocent person view create major minor limitation upon free state nature violate rules governing facial challenges post scalia dissenting forbid city apply unconstitutional ordinance case reason ordinance invalid explains said believe ordinance violates constitution delegates much discretion police officer decide order move circumstances see way distinguish ordinance terms one application discretion another ordinance unconstitutional policeman applied discretion wisely poorly particular case rather policeman enjoys much discretion every case every application ordinance represents exercise unlimited discretion ordinance invalid applications city chicago may able validly apply law defendants light conduct city chicago may apply law defendants matter behaved apply imaginary statute said crime wrong even worst murderers see lanzetta new jersey face challenged provision repugnant due process clause specification details offense intended charged serve validate justice scalia examples post reach different conclusion assume different basis law constitutional invalidity statute example might provide fair warning many individual defendant might still aware prohibited conduct engaged parker levy ne received fair warning criminality conduct statute question entitled attack language give similar fair warning respect conduct might within broad literal ambit one whose conduct statute clearly applies may successfully challenge vagueness believe ordinance unconstitutional provides insufficient notice provide sufficient minimal standards guide law enforcement officers see ante concurring part concurring judgment concede case unlike first amendment overbreadth cases permitted facial challenge overbreadth case defendant whose conduct clearly falls within law may constitutionally prohibited nonetheless law declared facially invalid protect rights others whose protected speech might otherwise chilled present case right defendants assert right free officer exercise unchecked discretion clearly case resembles coates cincinnati declared facially unconstitutional among grounds due process standard vagueness ordinance prohibited persons assembled sidewalk conduct ing manner annoying persons passing explained said ordinance broad enough encompass many types conduct clearly within city constitutional power prohibit indeed city free prevent people blocking sidewalks obstructing traffic littering streets committing assaults engaging countless forms antisocial conduct enactment enforcement ordinances directed reasonable specificity toward conduct prohibited constitutionally enactment enforcement ordinance whose violation may entirely depend upon whether policeman annoyed id citation omitted ordinance coates constitutionally applied whether conduct particular defendants indisputably annoying sort different specific ordinance constitutionally prohibit similarly city might enacted different ordinance illinois might interpreted ordinance differently constitution might well permitted city apply different ordinance ordinance interpreted differently circumstances like present see ante concurring part concurring judgment ordinance said constitutionally applied anyone city chicago petitioner jesus morales et al writ certiorari illinois june justice scalia dissenting citizens chicago free drive city whatever speed wished point chicagoans perhaps illinoisans decided imposed prophylactic speed limits designed assure safe operation average perhaps even subaverage driver average perhaps even subaverage vehicle infringed upon freedom citizens unconstitutional similarly citizens chicago free stand around gawk scene accident point chicagoans discovered obstructed traffic caused accidents make practice unlawful authorize police officers order crowd disperse imposed penalties refusal obey order prophylactic measure infringed upon freedom citizens unconstitutional ordinance us today adopted citizens chicago free stand public places apparent purpose engage conduct appeared loitering recent years however city afflicted criminal street gangs reflected record us gangs congregated public places deal drugs terrorize neighborhoods demonstrating control turf many residents inner city felt prisoners homes chicagoans decided eliminate problem worth restricting freedom enjoyed means took similar second mild example given rather first loitering made unlawful group people occupied public place without apparent purpose company known gang member police officers authorized order disperse failure obey order made unlawful see chicago municipal code minor limitation upon free state nature prophylactic arrangement imposed upon chicagoans seemed seems small price pay liberation streets majority today invalidates perfectly reasonable measure ignoring rules governing facial challenges elevating loitering constitutionally guaranteed right discerning vagueness according usual standards none exists respondents consolidated appeal presents facial challenge chicago ordinance vagueness grounds facial challenge successful law question declared unenforceable applications particular application party suit tell truth highly questionable whether federal courts business making declaration rationale power review federal legislation constitutionality expressed marbury madison cranch order decide case us rationale extends far require us determine statute unconstitutional applied party circumstances case limitation fully grasped tocqueville famous chapter power judiciary american society second characteristic judicial power pronounces special cases upon general principles judge deciding particular point destroys general principle passing judgment tends reject inferences principle consequently annul remains within ordinary limits functions directly attacks general principle without particular case view leaves circle nations agreed confine authority assumes important perhaps useful influence magistrate ceases represent judicial power whenever law judge holds unconstitutional invoked tribunal may refuse admit rule soon judge refused apply given law case law immediately loses portion moral force prejudicial learn means exist overcoming authority similar suits multiplied becomes powerless political power americans entrusted courts justice therefore immense evils power considerably diminished impossibility attacking laws except courts justice hen judge contests law obscure debate particular case importance attack concealed public notice decision bears upon interest individual law slighted incidentally moreover although censured abolished moral force may diminished authority taken away final destruction accomplished reiterated attacks judicial functionaries democracy america heffner ed justice sutherland described system opinion unanimous massachusetts mellon power per se review annul acts congress ground unconstitutional question may considered justification direct injury suffered threatened presenting justiciable issue made rest upon act power exercised ascertaining declaring law applicable controversy amounts little negative power disregard unconstitutional enactment otherwise stand way enforcement legal right case preventive relief presented enjoins effect execution statute acts official statute notwithstanding justice brennan described system opinion unanimous raines foundation power federal courts declare acts congress unconstitutional lies power duty courts decide cases controversies case federal courts jurisdiction pronounce statute either state void irreconcilable constitution except called upon adjudge legal rights litigants actual controversies exercise jurisdiction bound two rules rigidly adhered one never anticipate question constitutional law advance necessity deciding never formulate rule constitutional law broader required precise facts applied kindred rules rule one application statute constitutional heard attack statute ground impliedly might also taken applying persons situations application might unconstitutional delicate power pronouncing act congress unconstitutional exercised reference hypothetical cases thus imagined seems fundamentally incompatible system content find statute unconstitutional applied person go pronounce statute unconstitutional applications reasoning may well suggest much pronounce holding point seems advisory opinion federal never issue see hayburn case dall especially issue regard constitutional question seek avoid even non advisory opinions see ashwander tva brandeis concurring think quite improper short ask constitutional claimant us want us say statute constitutionally applied case want go broke try get statute pronounced void applications must acknowledge however present century done recently least except cases subject doctrine overbreadth see new york ferber required facial challenge proposition say declaring statute void applications something first place least imposed upon litigant eminently reasonable requirement establish statute unconstitutional applications say eminently reasonable requirement holding statute void applications unless unconstitutional applications also unless unconstitutional applications even know without conducting analysis whether void regard litigant us whose case occasion undertaking inquiry first place said salerno facial challenge legislative act course difficult challenge mount successfully since challenger must establish set circumstances exists act valid fact legislative act might operate unconstitutionally conceivable set circumstances insufficient render wholly invalid since recognized overbreadth doctrine outside limited context first amendment emphasis added proposition originate salerno expressed line prior opinions see members city council los angeles taxpayers vincent opinion tevens statute implicating first amendment rights invalid face unconstitutional every conceivable application schall martin hoffman estates flipside hoffman estates national dairy products raines supra proposition reaffirmed many cases opinions since see anderson edwards unanimous babbitt sweet home chapter communities great oregon opinion stevens facial challenge asserts challenged statute regulation invalid every circumstance reno flores rust sullivan ohio akron center reproductive health opinion kennedy webster reproductive health servs concurring part concurring judgment new york state club city new york unsurprisingly given clarity general jurisprudence point federal courts appeals apply salerno standard adjudicating facial challenges aware course recent cases without attempt explanation created entirely irrational exceptions unconstitutional every conceivable application rule statutes issue concerned social issues informed opinion zealously see romer evans scalia dissenting homosexual rights planned parenthood southeastern casey abortion rights present case even lend political correctness exception though illogical least predictable la mode favor gang members associated loiterers beleaguered residents inner city normal criteria facial challenges applied clear justices majority transposed burden proof instead requiring respondents challenging ordinance show invalid applications required petitioner show valid applications plurality opinion concurrences display lively imagination creating hypothetical situations law application view ambiguous creative role usurped petitioner defeat respondents facial challenge conjuring single valid application law contribution go something like tony member jets criminal street gang standing alongside chatting fellow gang members staking turf promontory point south side chicago group flashing gang signs displaying distinctive tattoos passersby officer krupke applying ordinance issue orders group disperse speculative discussion probably irrelevant whether jets depraved deprived tony gang members break conversation statement entirely coherent evidently intended rude gee officer krupke krup tense standoff ensues officer krupke arrests group failing obey dispersal order even assuming justices majority law requiring obedience dispersal order impermissibly vague unless clear objects order issuance conduct justifies find hard believe jets known coming settle matter respondents facial challenge ordinance vagueness course respondents still able claim ordinance vague applied ultimate demonstration inappropriateness holding facial invalidity fact doubtful whether respondents even sustain challenge basis majority criteria instance respondent jose renteria admitted member satan disciples gang observed arresting officer loitering street corner gang members officer issued dispersal order returned corner minutes later renteria still friends whereupon arrested another example respondent daniel washington several others admitted members vice lords gang observed arresting officer loitering street yelling passing vehicles stopping traffic preventing pedestrians using sidewalks arresting officer issued dispersal order issued another dispersal order later group move finally arrested group found loitering place still later finally respondent gregorio gutierrez previously admitted arresting officer membership latin kings gang observed loitering two men officer issued dispersal order drove around block arrested men finding place upon return see brief petitioner brief amicus curiae even majority assumption avoid vagueness must clear object dispersal order ex ante conduct covered ordinance seems improbable challenges sustained much less possible say ordinance invalid applications ii plurality explanation departure usual rule governing facial challenges seemingly contained following statement criminal law contains mens rea requirement infringes constitutionally protected rights vagueness permeates text law subject facial attack ante emphasis added proposition set forth assurance one might suppose repeats formula jurisprudence criminal law without mens rea requirement infringement constitutionally protected right vagueness entitlement facial invalidation formula plurality made case absence citation demonstrates matter none three factors plurality relies upon exists anyway turn first support proposition constitutionally protected right loiter plurality favorably describes person remain public place choice ibid plurality thinks much fundamental freedom loiter contrasts lesser constitutionally un protected activities ugh business ordinance simply regulates business behavior contains scienter requirement criminal law contains mens rea requirement infringes constitutionally protected rights ibid internal quotation marks omitted poor alexander hamilton seen commercial republic devolve eyes plurality least indolent republic see federalist pp rossiter ed course every activity even scratching one head called constitutional right one means term nothing fact activity covered equal protection clause engage singled without rational basis see fcc beach communications using term sense utterly impoverishes constitutional discourse need new term activities political speech religious worship forbidden even rational basis plurality tosses around term constitutional right renegade sense slightest evidence existence genuine constitutional right loiter justice thomas recounts vast historical tradition criminalizing activity post simply maintainable right loiter regarded essential attribute liberty time framing time adoption fourteenth amendment plurality however historical practices people nothing speed bump road right result opinion blithely proclaims neither history scholarly compendia justice thomas dissent post persuades us right engage loitering entirely harmless purpose effect part liberty protected due process clause ante entire practice using due process clause add judicially favored rights limitations upon democracy set forth bill rights usually rubric substantive due process view judicial usurpation recently least sought limit damage tethering courts power objective criterion washington glucksberg explained established method substantive due process analysis carefully narrowly describing asserted right examining whether right manifested ur nation history legal traditions practices see also collins harker heights michael gerald moore east cleveland plurality opinion ignores necessary limitation leaps far beyond atrocity ever committed actually placing burden proof upon defendant establish loitering fundamental liberty never marshal support proposition loitering constitutional right contenting transparently inadequate explanation historical record laws banning loitering positively contradict proposition transparently erroneous assertion city chicago appears conceded point enough members plurality history fails persuad us right engage loitering entirely harmless purpose effect part liberty protected due process clause ante emphasis added apparently think quite unnecessary anything persuade unfair however criticize plurality failed attempt establish loitering constitutionally protected right saying nothing concurrences plurality least makes attempt concurrences hand make pretense attaching broad vagueness invalidates rule liberty interest far appears justice justice breyer opinions police officer may issue order affecting insignificant sort citizen conduct except perhaps order addressed unprotected class gang members unless standards issuance order precise ern urban society probably none since london got big enough sewers function rule innumerable reasons may portant constable tell pedestrian move even possible list ordinance reasons known many simply unpredictable hence entirely reasonable rule city new york reads person shall fail neglect refuse comply lawful direction command police officer urban park ranger parks enforcement patrol officer parks recreation department employee indicated gesture otherwise rcny one thing uphold applied challenge pedestrian disobeys order unreasonable even pedestrian asserting true liberty interest holding political rally instance disobeys order reasonable unexplained say general ordinance permitting lawful orders void applications demands safe orderly society reasonably deliver justice kennedy apparently recognizes since acknowledges police commands subject citizen prosecution disobeying whether citizen knows order given including example order tell ing pedestrian enter building reason avoid impeding rescue team ante explanation present interference right loiter fall within permitted scope action follows predicate order disperse view sufficient eliminate doubts regarding adequacy notice ordinance ibid slightest idea means understand explanatory sentence showing principle invalidates present ordinance applies equally example justice kennedy thinks constitutional demonstrated substituting references facts present case shown italics references hypothetical shown brackets citizen engaging wide array innocent conduct likely know may subject dispersal order order enter building based officer knowledge identity affiliations persons citizen congregating going building may citizen able assess officer might conceive citizen lack apparent purpose impeding rescue team ibid iii turn next element plurality formula consists proposition criminal ordinance contains mens rea requirement first step analyzing proposition determine actus reus mens rea supposed attached consists majority believes loitering forms part indeed essence offense must proved conviction obtained see ante plurality majority opinions ante concurring part concurring judgment ante kennedy concurring part concurring judgment ante breyer concurring part concurring judgment ordinance provides part ordinance refers loitering portion addresses punishable conduct defendant police officer must observe issue order disperse must observe carefully defined terms defendant appears terms defendant actually ordinance require defendant loitering remaining one place purpose rather police officer observed remaining one place without apparent purpose someone fact genuine purpose remaining waiting friend example waiting hold bank ordered move assuming conditions ordinance met long remaining apparent purpose likely sure ordinance come heavily upon actually loitering really purpose remaining activity condition issuance dispersal order act defendant made punishable ordinance indeed even mentioned ordinance failure promptly obey order disperse question whether actus reus must accompanied wrongful intent course must describes requirement person must disobey officer order ante emphasis added one thinks defendant successfully prosecuted ordinance hear order disperse suffered paralysis rendered compliance impossible willful failure obey police order wrongful intent enough iv finally address last three factors plurality formula proposition ordinance vague even ersatz overbreadth standard applied kolender lawson allows facial challenges law reaches substantial amount constitutionally protected conduct respondents claim fails ordinance vague even substantial number applications law unconstitutionally vague lack definitive standards either fails apprise persons ordinary intelligence prohibited conduct encourages arbitrary discriminatory enforcement see grayned city rockford plurality relies primarily upon first aspects since reasons loitering conduct ordinance designed prohibit officer may issue order prohibited conduct already occurred ante order disperse serve apprise persons ordinary intelligence prohibited conduct counts purposes vagueness analysis however ordinance designed prohibit actually subjects criminal penalty discussed earlier consists nothing refusal obey dispersal order doubt adequate notice prohibited conduct plurality suggestion even dispersal order unconstitutionally vague specify far disperse see ante scarcely requires response true render unconstitutional vagueness many presidential proclamations issued provision code requires president using militia armed forces law enforcement issue proclamation ordering insurgents disperse see president eisenhower proclamation relating obstruction enrollment black students public schools little rock arkansas read follows command persons engaged obstruction justice cease desist therefrom disperse forthwith presidential proclamation cfr see also presidential proclamation cfr comp ordering obstructing civil rights march selma montgomery alabama disperse forthwith see also boos barry rejecting challenge law allowing police officers order congregations near foreign embassies disperse cox louisiana rejecting vagueness challenge prong statute describing prong narrow specific determination unconstitutional vagueness relies secondarily justice justice breyer concurrences exclusively upon second aspect doctrine requires sufficient specificity prevent arbitrary discriminatory law enforcement see ante majority opinion ante concurring part concurring judgment ante breyer concurring part concurring judgment discussing whether chicago ordinance meets requirement justices majority hide behind artificial construct judicial restraint point illinois statement apparent purpose standard provides absolute discretion police officers decide activities constitute loitering protest wrong construe language ordinance narrowly state highest ante majority opinion ante concurring part concurring judgment absolute discretion statement however nothing illinois characterization language achieved refused read limitations words fairly contain construction language bound legal conclusion assuredly bound criteria issuance dispersal order chicago ordinance hardly clearer first law requires police officers reasonably believ one group order issued criminal street gang member resembles standard chicago police department general order promulgated govern enforcement ordinance makes probable cause requirement explicit order officers must probable cause believe individual member criminal street gang substantiated officer experience knowledge alleged offenders specific documented reliable information reliable witness testimony individual admission gang membership display distinctive colors tattoos signs markings worn members particular criminal street gangs app pet cert second ordinance requires group remain ing one place apparent purpose justice assertion applies person standing public place ante distortion ordinance apply standing remain ing term context obviously means endure persist see american heritage dictionary may ambiguity margin remain ing one place requires temporary stop clear applications including represented facts surrounding respondents arrests described supra phrase apparent purpose justice distorts adjectival phrase separating word modifies ny person standing street concurrence says general purpose even simply stand thus ordinance permits police officers choose purposes permissible ante chicago police officers enforcing ordinance looking people apparent purpose regrettably oversupply looking people remain one place apparent purpose remain without apparent reason remaining difficult perceive attempt demonstrate vagueness ordinance produces following peculiar statement apparent purpose standard making decision issue order disperse inherently subjective application depends whether purpose apparent officer scene ante view person lack purpose staying one location presumably objective factor ordinance requires condition order disperse absence apparent purpose subjective factor side looking glass opposite true elsewhere course acknowledges clear objective commands ordinance indeed relies upon paint unfair terms ordinance encompasses great deal harmless behavior public place city chicago persons stand sit company gang member may ordered disperse unless purpose apparent mandatory language enactment directs police issue order without first making inquiry possible purposes matters whether reason gang member father example might loiter near wrigley field rob unsuspecting fan get glimpse sammy sosa leaving ballpark either event purpose apparent nearby police officer may indeed shall order disperse ante quite fact clear instruction officers encompasses great deal harmless behavior invalidating harmless behavior constitutionally protected abridgment speech practice religion remaining one place protected already discussed citizens chicago us decide whether worth also asserts apparent contradiction passage quoted apparent purpose test elastic presumably allows police officers treat de minimis violations warranting enforcement see ante discretion matter potential ultra vires action different regard enforcement clear ordinance regard enforcement laws system police officers prosecutors see bordenkircher hayes broad discretion laws enforce said whren aware principle allow us decide point code law becomes expansive commonly violated infraction longer ordinary measure lawfulness enforcement justice breyer concurrence tries perform impossible feat affirming unquestioned rule criminal statute vague give constitutionally inadequate notice violators may nonetheless enforced whose conduct clearly covered see ante citing parker levy time asserting statute delegates much discretion police officer invalid applications even officer uses discretion wisely ante vagueness causes notice inadequate vagueness causes much discretion lodged enforcing officer put another way law gives policeman clear guidance cases gives public clear guidance cases well thus justice breyer gives one hand takes away view vague statutes nonetheless give adequate notice violators unenforceable violators inadequate notice unenforceable policeman enjoys much discretion every case ibid simply contrary including parker levy supra plurality points chicago already several laws reach intimidating unlawful conduct ordinance directed see ante problem course well recognized chicago city council gang members cease intimidating unlawful behavior watchful eye police officers return soon police drive away solution council concluded clear streets congregations gangs drug customers associates justice concurrence proffers empty solace existing laws useless purpose hand see ante seeks helpful suggesting measures similar ordinance constitutional says chicago example enact law directly prohibit presence large collection obviously brazen insistent lawless gang members public ways intimidates residents ibid internal quotation marks omitted majority considers present ordinance vague fun see makes large collection obviously brazen insistent lawless gang members prescription concurrence largely quotation plurality answers concurrence suggestion law helpful pointing city already several laws serve purpose ante plurality opinion citing extant laws intimidation streetgang criminal drug conspiracy mob action problem intimidation lawlessness occur police sight justice concurrence also proffers another cure ordinance applied persons reasonably believed gang members requirement might cured ordinance vagueness directed manner order issued specifying order issued ante agrees might cure see ante ordinance already specifies order issued persons remaining one place apparent purpose company gang member remain ing one place apparent purpose vague give police unbridled discretion controlling conduct surpasses understanding ceases vague applied gang members alone surely gang members decreed outlaws subject merest whim police rest us fact present ordinance entirely clear application violated except full knowledge intent vests discretion police innumerable measures authorizing police orders preserve public peace safety suggested tortured analyses suggested solutions bear relation identified constitutional problem majority real quarrel chicago ordinance simply permits indeed requires much harmless conduct innocent citizens proscribed justice concurrence says disapprobation ordinance applies hundreds thousands persons gang members standing sidewalk park coffee shop bar location open public ante internal quotation marks omitted democratic system much harmless conduct proscribe judgment made courts long constitutionally guaranteed rights affected long proscription rational basis sorts perfectly harmless activity millions perfectly innocent people forbidden riding motorcycle without safety helmet example starting campfire national forest selling safe effective drug yet approved fda acts entirely innocent harmless risk harm entail freedom engage abridged citizens chicago decided depriving freedom hang gang member necessary eliminate pervasive gang crime intimidation elimination one worth deprivation business either degree necessity fairness trade dissent judgment city chicago petitioner jesus morales et al writ certiorari illinois june justice thomas chief justice justice scalia join dissenting duly elected members chicago city council enacted ordinance issue part larger effort prevent gangs establishing dominion public streets invalidating chicago ordinance fear unnecessarily sentenced citizens lives terror misery ordinance vague ny fool know particular category conduct within reach kolender lawson white dissenting violate due process clause asserted freedom loiter innocent purposes ante way deeply rooted nation history tradition washington glucksberg citation omitted dissent human costs exacted criminal street gangs inestimable many nation cities gangs irtually overtak en certain neighborhoods contributing economic social decline areas causing fear lifestyle changes among residents dept justice office justice programs bureau justice assistance monograph urban street gang enforcement gangs fill daily lives many poorest vulnerable citizens terror give sufficient consideration often relegating status prisoners homes see dept justice attorney general report president coordinated approach challenge gang violence progress report apr small business owner literally crippled refuses pay protection money neighborhood gang families hostages within homes living neighborhoods ruled predatory drug trafficking gangs harmful impact gang violence physically psychologically debilitating city chicago suffered devastation wrought national tragedy last year effort curb plummeting attendance chicago public schools hired dozens adults escort children school youngsters become terrified gang violence leave homes alone martinez parents paid walk line gangs school chicago tribune children fears unfounded chicago police department estimated criminal street gangs city illinois criminal justice information authority research bulletin street gangs crime gangs involved criminal incidents including nonlethal violent crimes homicides id many criminal incidents homicides result gang turf battles take place public streets place innocent residents grave danger see dept justice office justice programs national institute justice research brief block block street gang crime chicago dept justice office juvenile justice delinquency prevention juvenile justice journal howell youth gang drug trafficking homicide policy program implications see also testimony steven wiley chief violent crimes major offenders section fbi hearing senate committee judiciary street gangs may specialize entrepreneurial activities like lethal violence likely grow turf conflicts enacting ordinance chicago city council held extensive hearings problems gang loitering concerned citizens appeared testify poignantly gangs disrupt daily lives ordinary citizens like gordon explained struggled walk work walk door guys watch know live know time leave time come home afraid even come point carry meat cleaver work want hurt anyone want hurt need clean corners clean communities take back transcript proceedings city council chicago committee police fire may hereinafter transcript susan mary jackson echoed sentiments testifying used nice neighborhood anymore scared go daytime ca pass standing afraid go store go store afraid age look real hard ready holler another resident testified never terror feel everyday walk streets chicago windows broken guns pulled threatened get intimidated daily basis come point say well go today put ax briefcase walk around dressed like bum looking rich got money anything like following hearings council found criminal street gangs establish control identifiable areas loitering areas intimidating others entering areas app pet cert found mere presence gang members intimidate many law abiding citizens creates justifiable fear safety persons property area ibid product democratic process council attempt address social ills asked pass judgment upon today ii part ongoing effort curb deleterious effects criminal street gangs citizens chicago sensibly decided return basics ordinance nothing confirm principle police duty power maintain public peace necessary disperse groups individuals threaten plurality however concludes city commonsense effort combat gang loitering fails constitutional scrutiny two separate reasons infringes upon gang members constitutional right loiter innocent purposes ante vague face nte majority endorses latter conclusion respectfully disagree recently reconfirmed ur nation history legal traditions practices provide crucial guideposts responsible decisionmaking direct restrain exposition due process clause glucksberg quoting moore east cleveland plurality opinion laws infringe fundamental rights liberties objectively deeply rooted nation history offend due process clause glucksberg supra plurality asserts freedom loiter innocent purposes part liberty protected due process clause fourteenth amendment ante yet acknowledges must antiloitering ordinances long existed country ante see also case loitering vagrancy statutes utilized throughout american history attempt prevent crime removing undesirable persons public opportunity engage criminal activity derogation framework articulated two terms ago glucksberg plurality asserts history fails persuad us right engage loitering entirely harmless part liberty protected due process clause ante apparently plurality believes sufficient rest proposition antiloitering laws represent anachronistic throwback earlier less sophisticated era example expresses concern antivagrancy laws carried penalty slavery ibid fact irrelevant analysis whether constitutional right loiter innocent purposes case involve antiloitering law carrying penalty slavery law issue case criminalizes failure disobey police officer order disperse imposes modest penalties fine prison sentence six months plurality sweeping conclusion ordinance infringes upon liberty interest protected fourteenth amendment due process clause withers exposed relevant history laws prohibiting loitering vagrancy fixture law least since time norman conquest see generally history vagrants vagrancy beggars begging reprint discussing history english vagrancy laws see also papachristou jacksonville recounting history vagrancy laws american colonists enacted laws modeled upon english vagrancy laws time founding state local governments customarily criminalized loitering forms vagrancy vagrancy laws common decades preceding ratification fourteenth amendment remained books long tellingly plurality cites three cases support asserted right loiter innocent purposes see ante one decided years ratification fourteenth amendment actually addressed validity vagrancy ordinance case papachristou supra contains dicta read support fundamental right plurality asserts however papachristou undertake analysis applied substantive due process cases look tradition define rights protected due process clause event careful reading opinion reveals never said anything constitutional right holding antiquarian language employed vagrancy ordinance issue unconstitutionally vague see papachristou supra even assuming papachristou correctly decided original matter doubtful proposition compel conclusion constitution protects right loiter innocent purposes plurality contrary assertion calls mind warning judiciary including vulnerable comes nearest illegitimacy deals constitutional law little cognizable roots language even design constitution extremely reluctant breathe still substantive content due process clause strike legislation adopted state city promote welfare moore white dissenting judiciary unavoidably another part governance country without express constitutional authority ibid concludes ordinance also unconstitutionally vague fails provide adequate standards guide police discretion plurality view give residents adequate notice conform conduct confines law disagree counts outset important note ordinance criminalize loitering per se rather penalizes loiterers failure obey police officer order move along majority believes scheme vests much discretion police officers nothing truth far according officers much discretion ordinance merely enables police officers fulfill one traditional functions police officers never simply enforcers criminal law wear hats importantly long vested responsibility preserving public peace see allen duties liabilities sheriffs principal conservator peace county calm irresistible minister law duty sheriff less important authority great freund police power criminal law deals offenses committed police power aims prevent activity police prevention crime partly needs special legal authority idea police also peace officers simply quaint anachronism american jurisdictions police officers continue obligated law maintain public peace role peace officers police long authority duty order groups individuals threaten public peace disperse example police manual city new york provided hereby made duty police force times day night members force hereby thereunto empowered especially preserve public peace prevent crime detect arrest offenders suppress riots mobs insurrections disperse unlawful dangerous assemblages assemblages obstruct free passage public streets sidewalks parks places manual containing rules regulations police department city new york rule emphasis added see also crocker duties sheriffs coroners constables ed rev sheriffs ex officio conservators peace within respective counties duty well constables coroners marshals peace officers prevent every breach peace suppress every unlawful assembly affray riot may happen presence emphasis added authority issue dispersal orders continues play commonplace crucial role police operations particularly urban areas even aba standards criminal justice recognize police experience innumerable situations police called upon order people block sidewalk congregate given place loiter police may suspect loiterer considering engaging form undesirable conduct least temporarily frustrated ordering move standard comments ed supp order perform responsibilities satisfactorily police inevitably must exercise discretion indeed empowering act peace officers law assumes police exercise discretion responsibly sound judgment say law provide objective guidelines police simply rigidly constrain every action directing police officer issue dispersal order unless observes person reasonably believes criminal street gang member loitering public place app pet cert chicago ordinance strikes appropriate balance two extremes trust officers rely experience expertise order make determinations amorphous legal standards probable cause reasonable suspicion must trust determine whether group loiterers contains individuals case members criminal street gangs city determined threaten public peace see ornelas articulating precisely reasonable suspicion probable cause mean possible commonsense nontechnical conceptions deal factual practical considerations everyday life reasonable prudent men legal technicians act ur cases recognized police officer may draw inferences based experience deciding whether probable cause exists citations internal quotation marks omitted sum conclusion ordinance impermissibly vague necessarily entrusts lawmaking judgment policeman beat ante reconciled common sense longstanding police practice fourth amendment jurisprudence illogic position becomes apparent justice stevens opines ordinance dispersal provision doubt sufficient ordinance applied loitering apparently harmful purpose effect possibly applied loitering persons reasonably believed criminal gang members ante see also ante concurring part concurring judgment endorsing proposal respect believes ordinance vague written suggestion cure vagueness problem first although suggested scienter requirement may mitigate vagueness problem respect adequacy notice complainant conduct proscribed hoffman estates flipside hoffman estates omitted alternative proposal incorporate scienter requirement statute prohibition limited loitering apparently harmful purpose criminality conduct continue depend external appearance rather loiterer state mind see black law dictionary ed scienter frequently used signify defendant guilty knowledge reason proposed alternative neither satisfy standard suggested hoffman estates serve channel police discretion indeed ordinance required officers ascertain whether group loiterers apparently harmful purpose require exercise discretion less furthermore ordinance current form requiring dispersal groups contain least one gang member actually vests less discretion police law requiring police disperse groups contain gang members currently officer must reasonably suspect one individual member gang plurality proposed law officer required make determination multiple times concluding ordinance adequately channels police discretion suggest police officer enforcing gang congregation ordinance never make mistake overlook possibility police officer acting bad faith might enforce ordinance arbitrary discriminatory way decisions turn proposition event anything rare instances arbitrary discriminatory enforcement ordinance like law best addressed arise rather prophylactically disfavored mechanism facial challenge vagueness grounds see salerno facial challenge legislative act course difficult challenge mount successfully since challenger must establish set circumstances exists act valid plurality conclusion ordinance fails give ordinary citizen adequate notice forbidden permitted ante similarly untenable nothing vague order disperse never expect mathematical certainty language grayned city rockford safe assume vast majority people ordered police disperse remove area little difficulty understanding comply app pet cert assuming also obligated consider whether ordinance places individuals notice conduct might subject order respondents facial challenge bear weighty burden establishing statute vague applications sense standard conduct specified coates cincinnati subscribe view retired justice white fool know particular category conduct within reach statute unmistakable core reasonable person know forbidden law enactment unconstitutional face kolender dissenting opinion certainly case illinois recognized persons ordinary intelligence may maintain common accepted meaning word loiter morales justice stevens contrary conclusion predicated primarily erroneous assumption ordinance proscribes large amounts constitutionally protected innocent conduct see ante already explained supra ordinance proscribe constitutionally protected conduct fundamental right loiter also anomalous characterize loitering innocent conduct disfavored throughout american history category conduct consistently criminalized hardly considered innocent similarly term long used describe criminal conduct need subject stringent vagueness test suggested hoffman estates supra dissipates risk trap unwary term loiter different terms fraud bribery perjury expect people ordinary intelligence grasp meaning legal terms despite fact arguably imprecise plurality also concludes definition term loiter remain one place apparent purpose see fails provide adequate notice difficult imagine plurality posits citizen city chicago standing public place know apparent purpose ante plurality underestimates intellectual capacity citizens chicago persons ordinary intelligence perfectly capable evaluating outsiders perceive conduct whole range conduct anyone least semblance common sense know loitering covered statute see smith goguen white concurring judgment members group standing corner staring blankly space example likely well aware passersby conclude apparent purpose event facial challenge plurality ability hypothesize individuals circumstances may unable ascertain actions appear outsiders irrelevant analysis asked determine whether ordinance vague applications hoffman estates answer unquestionably today focuses extensively rights gang members companions safely people live consequences today opinion live neighborhoods rather people suffer lofty pronouncements people like susan mary jackson people seen neighborhoods literally destroyed gangs violence drugs good decent people must struggle overcome desperate situation odds order raise families earn living remain good citizens one resident described maybe one two percent people city causing problems maybe keeping percent us houses streets afraid shop tr focusing exclusively imagined rights two percent today denied vulnerable citizens thing justice stevens ante elevates else freedom movement shame respectfully dissent footnotes findings quoted full opinion illinois evidence supporting findings quoted justice thomas dissenting opinion post ordinance pertinent part whenever police officer observes person reasonably believes criminal street gang member loitering public place one persons shall order persons disperse remove area person promptly obey order violation shall affirmative defense alleged violation section person observed loitering fact member criminal street gang used section loiter means remain one place apparent purpose criminal street gang means ongoing organization association fact group three persons whether formal informal one substantial activities commission one criminal acts enumerated paragraph whose members individually collectively engage engaged pattern criminal gang activity public place means public way location open public whether publicly privately owned person violates section subject fine less offense imprisonment six months addition instead penalties person violates section may required perform hours community service pursuant section code chicago municipal code added june reprinted app pet cert illinois noted hearings preceding adoption ordinance representatives chicago law police departments informed city counsel limitations discretion police enforcing ordinance best developed police policy rather placing limitations ordinance presumably officers also able arrest nongang members violate ordinance tr oral arg city began enforcing ordinance effective date general order august stopped enforcing december held invalid chicago youkhana app tr oral arg brief petitioner arrests ordinance city chicago daley hillard gang narcotic related violent crime june city believes ordinance resulted significant decline homicides notes last year ordinance enforced homicide rate fell ordinance held invalid homicide rate rose pet cert however homicides fell year suspension ordinance daley hillard given myriad factors influence levels violence difficult evaluate probative value statistical evidence reach firm conclusion ordinance efficacy cf harcourt reflecting subject critique social influence conception deterrence broken windows theory policing new york style rev describing hotly contested debate raging among experts causes decline crime new york city nationally see poulos chicago ban gang loitering making sense vagueness overbreadth loitering laws cal rev chicago youkhana nos mci et al cir cook app pet cert also concluded ordinance improperly authorized arrest basis person status instead conduct facially overbroad first amendment federal constitution art illinois constitution chicago youkhana app chicago ramsey nos et al ill reprinted app pet cert chicago morales nos et al ill dec reprinted app pet cert chicago youkhana app id ordinance defines loiter mean remain one place apparent purpose chicago municipal code added june people entirely legitimate lawful purposes always able make purposes apparent observing police officer example person waiting hail taxi resting corner job stepping doorway evade rain shower perfectly legitimate purpose scenarios however purpose rarely apparent observer stated although proscriptions ordinance vague city council intent enactment clear unambiguous city declared gang members pubic menace determined gang members adept avoiding arrest crimes commit accordingly city council crafted exceptionally broad ordinance used sweep intolerable objectionable gang members city streets id brief petitioner fact city already several laws serve purpose see comp stat ch intimidation streetgang criminal drug conspiracy et seq illinois streetgang terrorism omnibus prevention act mob action deputy superintendent cooper representative police department committee police fire hearing ordinance testified kinds behavior people discussed hearing percent instances actually criminal offenses people fact arrested record appendix ii plaintiff memorandum opposition motion dismiss transcript proceedings chicago city council committee police fire may brief petitioner see brief amicus curiae doubt due process clause individuals country significant liberty interests standing sidewalks public places traveling moving associating others city appears agree least extent activities include social gatherings brief petitioner justice scalia post justice thomas post disagree proposition also incorrectly assume city see brief petitioner identification obvious liberty interest impacted statute equivalent finding violation substantive due process see infra petitioner cites historical precedent recognizing describes fundamental right loiter brief petitioner antiloitering ordinances long existed country pedigree ensure constitutionality england example slavery provided enslavement period anyone liveth idly loiteringly space three days note homelessness modern urban setting fordham urb papachristou noted many american vagrancy laws patterned elizabethan poor laws laws went virtually unchallenged country attorneys became widely available indigent following decision gideon wainwright see recent developments constitutional attacks vagrancy laws stan rev addition vagrancy laws used civil war keep former slaves state quasi slavery example alabama broadened vagrancy statute include runaway stubborn servant laborer servant loiters away time refuses comply contract term service without cause wilson black codes south vagrancy laws especially harsh consequences women children kerber constitutional right ladies women obligations citizenship neither history scholarly compendia justice thomas dissent post persuades us right engage loitering entirely harmless purpose effect part liberty protected due process clause freewheeling hypothetical character justice scalia discussion liberty epitomized assumption citizens chicago free drive city whatever speed wished ones decided limit freedom adopting speed limit post history tells quite different story illinois legislature passed act regulate speed automobiles horseless conveyances upon public streets roads highways state illinois statute exceptions set speed limit miles per hour see christy elliott citizens chicago twelfth census table cars private commercial registered entire see ward automotive yearbook even though number cars country increased seems quite clear pedestrians rather drivers primarily responsible illinois decision impose speed limit burden first portion justice scalia dissent virtually facial challenge facial challenge doctrine see post first lauds clarity general jurisprudence method assessing facial challenges clear import cases order mount successful facial challenge plaintiff must establish set circumstances exists act valid see post salerno extent consistently articulated clear standard facial challenges salerno formulation never decisive factor decision including salerno even though defendants case claim statute unconstitutional applied see id nevertheless entertained facial challenge since like illinois conclude vagueness permeates ordinance facial challenge appropriate need however resolve viability salerno dictum case comes us state federal asserting facial challenge party seeks vindicate rights others may also adversely impacted statute question sense threshold facial challenges species third party jus tertii standing recognized prudential doctrine one mandated article iii constitution see secretary state md joseph munson state reached merits constitutional claim invoking prudential limitations respondent assertion jus tertii serve functional purpose city revere massachusetts hospital internal quotation marks omitted whether appropriate federal courts apply salerno standard proposition courts need apply prudential notions standing created see asarco kadish justice scalia assumption state courts must apply restrictive salerno test incorrect matter law moreover contradicts essential principles federalism see dorf facial challenges state federal statutes stan rev solicitor general supporting city argument ordinance constitutional appears recognize ordinance read literally without invoking intractable vagueness concerns purpose simply stand corner apparent purpose ordinance ordinance prohibit nothing brief amicus curiae one trial courts invalidated ordinance gave following illustration suppose group gang members playing basketball park waiting drug delivery apparent purpose park play ball actual purpose waiting drugs definition loitering group people innocently sitting park discussing futures arrested basketball players awaiting drug delivery left alone chicago youkhana nos mci et al cir cook reprinted app pet cert see tacoma luvene upholding ordinance criminalizing loitering purpose engage activities people superior cal upholding ordinance criminalizing loitering purpose engaging soliciting lewd act see state richard striking statute made unlawful person loiter prowl upon property another without lawful business owner occupant thereof brief petitioner way ordinance differs statute upheld colten kentucky found illegality underlying conduct clear person stands group persons along highway police investigating traffic violation seeks engage attention officer issuing summons understand convicted kentucky statute fails obey order move ibid literally read ordinance says person may stand public sidewalk birmingham whim police officer city constitutional vice broad provision needs demonstration noted similar context petitioners held guilty violating georgia statute disobeyed officers case falls within rule generally worded statute construed punish conduct constitutionally punished unconstitutionally vague extent fails give adequate warning boundary constitutionally permissible constitutionally impermissible applications statute wright georgia critical fact distinguishes case boos barry noted text relevant statute read literally may void vagueness notice discretionary enforcement grounds found however appeals provided narrowing construction alleviates difficulties ibid possible read mandatory language ordinance conclude affords police discretion since speaks mandatory shall however even city makes argument flies face common sense police officers must use discretion deciding enforce city ordinances justice thomas dissent overlooks important distinction ordinance authorize police order groups individuals threaten public peace disperse see post respondents case example gang members city admits unable prove morales gang member justifies arrest conviction fact morales admitted knew criminal street gang members reply brief petitioner fact respondents case charged document accused presence gang member tr oral arg conclusion makes unnecessary reach question whether illinois correctly decided ordinance invalid deprivation substantive due process reason justice thomas see post justice scalia see post mistaken asserts decision must analyzed framework substantive due process set washington glucksberg footnotes words facial attack since requires unconstitutionality circumstances necessarily presumes litigant presently able sustain challenge see hoffman estates flipside hoffman estates plaintiff engages conduct clearly proscribed complain vagueness law applied conduct others therefore examine complainant conduct analyzing hypothetical applications law parker levy one whose duct statute clearly applies may successfully challenge vagueness plurality asserts salerno discuss text immediately following entertained facial challenge even though defendants claim statute unconstitutional applied ante made absolutely clear salerno facial challenge requires assertion set circumstances exists act valid emphasis added footnoted statement upon plurality relies respondents claimed act unconstitutional way applied particular facts case id obviously meant convey fact defendants making addition facial challenge alternative challenge asserting even statute unconstitutional applications least unconstitutional particular application salerno criminal case repudiated statement kolender lawson effect facial challenge criminal statute succeed even statute conceivably valid application kolender seems confused standard first amendment overbreadth challenges standard governing facial challenges grounds see ibid citing articulation standard first amendment overbreadth challenges hoffman estates supra salerno noted overbreadth doctrine specialized exception general rule facial challenges justified light risk overbroad statute chill free expression see broadrick oklahoma plurality asserts salerno standard facial challenge never decisive factor decision means rejecting facial challenge never contented identifying one situation challenged statute constitutional mentioned several remarkable casts doubt upon validity principle salerno many cases enunciated difficult conceive statute constitutional single application hard resist mentioning one plurality contends matter whether salerno standard federal law since facial challenge species standing federal limitations upon standing apply appeal state decision takes broader view illinois opinion ante quite wrong disagreement salerno rule disagreement standing question whether person challenging statute raise rights third parties salerno plurality rule disagreement relates many rights must prove infringed statute win salerno says addition rights plurality says many question standing substantive law notion salerno federal rule federal statute totally invalid unless invalid applications altered state federal statute totally invalid invalid many applications alteration must accepted put gently possible remarkable see abdullah commissioner ins commonwealth mass deshawn safir artway attorney state manning hunt causeway medical suite ieyoub cert denied aronson city akron government suppliers consolidating bayh cert denied woodis westark community college roulette seattle public lands council babbitt dimmitt clearwater time warner entertainment fcc cadc apologies taking creative license work bernstein sondheim laurents west side story copyright plurality explanation ignoring laws many carried severe penalties reconstruction era harsh consequences women children ante severe penalties harsh consequences certainly regrettable way lessen indeed harshness penalty tends increase capacity laws prove loitering never regarded fundamental liberty ante plurality bases assertion apparent concession upon part petitioner brief reads course laws regulating social gatherings affect liberty interest thus subject review rubric substantive due process address doctrine part ii brief petitioner careless reader inclined confuse term social gatherings passage loitering confusion eliminated pursuing reference part ii brief says introductory paragraph explain substantive due process support novel holding constitution secures right stand still public way even one engaged speech assembly conduct enjoys affirmative constitutional protection id plurality says ante since decides case basis procedural due process rather substantive due process mistaken analyzing opinion framework substantive due process set washington ibid analyzing framework simply assuming plurality says essential part reasoning right loiter innocent purposes part liberty protected due process clause believe word liberty means one thing purposes substantive due process something else purposes procedural due process authority startling proposition see board regents state colleges roth rejecting claim lack liberty interest citing cases plurality opinion seeks ways invoking fourteenth amendment august protection liberty defining standard certainty sets identifying conduct protected high standard ignoring extensive defining liberty substituting instead harmless innocent conduct ante call suggestion plurality says terms dispersal order compound inadequacy notice acknowledges might render ordinance unconstitutionally vague definition forbidden conduct clear ante notion prescription disperse unconstitutionally vague somehow contribute unconstitutional vagueness entire scheme full mystery suspending metaphysical principle nothing confer possess nemo dat qui non habet administrative interpretation implementation regulation highly relevant vagueness analysis evaluating facial challenge state law federal must consider limiting construction state enforcement agency proffered ward rock racism emphasis added quoting hoffman estates see also hoffman estates administrative regulations often suffice clarify standard otherwise uncertain scope justice breyer asserts one always apparent purpose policeman must interpret words apparent purpose meaning apparent purpose except ante simply true one always apparent purpose especially true one always apparent purpose remaining rest simple reason one often indeed perhaps usually actual purpose remaining rest remaining rest person normal state unless purpose causes move one frequently reads person wandering aimlessly worthy note person sitting aimlessly remarkable synonym purpose motive causes one move also speculates police officer may exercise discretion enforce ordinance direct dispersal view ordinance inapplicable apparent purpose unlawful one see ante one right mind read phrase without apparent purpose mean anything without apparent lawful purpose implication acts referred approvingly statutory language lawful acts routine asserts illinois forced interpretive inanity since placed limiting construction language ordinance must assume ordinance means says ante illinois mention particular interpretive issue nothing giving ordinance limiting interpretation everything giving ordinary legal meaning opinion justice breyer relies coates cincinnati discussed ante say ordinance issue gave adequate notice provide adequate standards police invalidated ordinance grounds first amendment rights implicated common ground however present case implicate first amendment see ante plurality opinion ante breyer concurring part concurring judgment footnotes alone gangs involved homicides percent total homicides committed city chicago police department gang narcotic related violent crime city chicago june nationwide law enforcement officials estimate many street gangs members exist dept justice office justice programs highlights national youth gang survey ojjdp fact sheet see act restraint idle disorderly persons reprinted first laws state north carolina cushing comp act restraining correcting supressing punishing rogues vagabonds common beggars lewd idle dissolute profane disorderly persons setting work reprinted first laws state connecticut cushing comp act suppressing punishing rogues vagabonds common beggars idle disorderly lewd persons reprinted first laws commonwealth massachusetts cushing comp act better securing payment levies restraint vagrants making provisions poor reprinted first laws state virginia cushing comp act better ordering police town providence said town reprinted first laws state rhode island cushing comp act promotion industry suppression vagrants idle disorderly persons reprinted first laws state south carolina part cushing comp act punishment vagabond idle disorderly persons reprinted first laws state georgia cushing comp laws colony new york ch laws commonwealth pennsylvania ch dlv act prevent mischiefs arising increase vagabonds idle disorderly persons within province laws state vermont see stat ch rev ch civ laws ch rev ch xx ill ch century acknowledged power criminalize vagrancy several occasions see mayor new york miln pet passenger cases opinion wayne prigg pennsylvania pet see generally tiedeman limitations police power vagrant appropriately described chrysalis every species criminal wanderer land without home ties idle without apparent means support criminality expected person vagrancy successfully combated infractions law reduced surprisingly small number wondered effort generally made suppress vagrancy see also gen ch rev ch gen ch laws ch cal penal code ohio rev tit ch rev stat ch del rev ch vol ky ch rev ch code ch rev tit crim code stat stat code ch rev stat stat rev ch cal penal code pt tit ch stat tit purdon stat ann crim code rev stat ann cal penal code rev ch rev stat code tit stat tit purdon stat ann cases upon plurality relies concern entirely distinct right interstate international travel see williams fears kent dulles plurality claims dicta cases articulating right free movement see williams supra kent supra also supports individual right remain public place choice ironically williams rejected argument tax persons engaged business importing labor impeded freedom transit precise holding case support undermines plurality view similarly precise holding kent bear constitutional right travel instead held congress authorized secretary state deny certain passports furthermore plurality approach distorts principle articulated cases stretching level generality permits disregard relevant historical evidence guide analysis michael gerald plurality opinion see ark code ann supp department arkansas state police shall conservators peace del code ann tit ix police appointed section shall see peace good order state duly kept comp stat ann ch supp police officers municipalities shall conservators peace la rev stat ann west police employees shall keep peace good order mo rev stat embers police department shall conservators peace shall active vigilant preservation good order within city rev stat ann police officers virtue appointment constables conservators peace rev stat police preserve peace enforce law prevent detect crime code art ch police department shall preserve public peace prevent detect crime police streets highways enforce traffic statutes ordinances regulations relating thereto texas code crim proc art vernon duty every peace officer preserve peace within jurisdiction stat tit sheriff shall preserve peace suppress force strong hand necessary unlawful disorder code ann supp police force responsible prevention detection crime apprehension criminals safeguard life property preservation peace enforcement state local laws regulations ordinances example following statutes provide criminal penalty failure obey dispersal order code rev stat ann ark code ann cal penal code ann west rev stat ann del code tit code ann guam code tit haw rev stat ann michie idaho code comp stat ch west rev stat ann baldwin rev stat tit mass laws ch comp laws stat ann west miss code ann mo ann stat vernon mont code ann rev stat ann michie rev stat ann ii stat ann west penal law mckinney stat cent code ohio rev code ann baldwin stat ann tit west rev stat cons stat ann laws code ann codified laws code ann tex penal code ann vernon utah code ann code ann tit stat tit code ann michie rev code ann west code stat ann west see also ind code ann police department shall within city preserve peace prevent offenses detect arrest criminals suppress riots mobs insurrections disperse unlawful dangerous assemblages assemblages obstruct free passage public streets sidewalks parks places stat tit shall duty sheriff keep preserve peace respective counties quiet suppress affrays riots unlawful assemblies insurrections plurality suggests ante dispersal orders nature vague plurality purports distinguish sweeping condemnation dispersal orders colten kentucky see principled ground logical implication plurality assertion police never issue dispersal orders example plurality view apparently unconstitutional police officer ask group gawkers move along order secure crime scene example georgia law declared able bodied persons shall found loitering idle vagrants disorderly persons wandering abroad without betaking lawful employer honest labor shall deemed adjudged vagabonds required apprehension vagabond found within county state wandering strolling loitering reprinted first laws state georgia part cushing comp see also digest laws pennsylvania brightly ed following described persons shall liable penalties imposed law upon vagrants persons shall found loitering rev ch civ able bodied person found loitering rambling shall taken adjudged vagrant guilty high misdemeanor asserts illinois conclusion definition provides absolute discretion police officers determine activities constitute loitering ante quoting bound state construction statute illinois strictly speaking construe ordinance sense defining meaning particular statutory word phase rather merely characterized practical assessment bind us wisconsin mitchell