Obstruction of Justice Statutes Ruled Vague/Overbroad

Obstruction of justice ordinance overbroad, because it criminalizes speech protected by the First Amendment.

 

Scott v. First Judicial Dist. of Nev. , 2015 BL 435411, Nev., No. 67331, 12/31/15

    A car's passenger was arrested under an obstruction of justice ordinance when he repeatedly interrupted the police officer and advised the driver not to perform a field sobriety test. The Supreme Court of Nevada overturned the arrest, and deemed the statute to be overbroad and vague.

    The Carson City code provision made it unlawful "to hinder, obstruct, resist, delay, molest or threaten to hinder, obstruct, resist, delay or molest" police officers or fire officials from performing their official duties. The court ruled that the ordinance is unconstitutionally broad because it criminalizes some speech that is protected by the First Amendment. The court also determined that the ordinance was vague because it did not give police guidelines, which amounted to police having unrestricted discretion to arrest citizens for words or conduct that annoys or offends.

    It is well established that even speech that could otherwise be prohibited will be permitted if the applicable statute is overbroad with respect to other speech.

http://www.bloomberglaw.com/public/desktop/document/Scott_v_First_Judicial_Dist_Court_of_Nev_No_67331_2015_BL_435411_?1452881894