Legal Definitions - Void for vagueness

Definition: Void for vagueness is a legal term used to declare a law or instrument invalid because it lacks clarity or specificity.

There are three main contexts in which the term is used:

1. Criminal law: A law is void for vagueness if it does not clearly specify what conduct is required or punishable. This can lead to confusion and arbitrary enforcement. For example, a law that prohibits "disorderly conduct" without defining what that means could be considered void for vagueness.
2. Delegation of authority: A statute is also void for vagueness if it delegates too much authority to judges or administrators, leading to arbitrary prosecutions. For example, a law that allows judges to determine what constitutes "obscene" material without providing clear guidelines could be considered void for vagueness.
3. Property law: A deed or other instrument affecting property rights is void for vagueness if it lacks a clear description of the property. For example, a deed that describes the property as "the land behind the old mill" without providing a specific boundary could be considered void for vagueness.

Illustrative caselaw: In Skilling v. United States, the Supreme Court found that the "honest services" statute was void for vagueness because it did not clearly define what conduct was prohibited. This led to confusion and arbitrary enforcement.

Example: A city ordinance prohibits "loud and disruptive behavior" in public places. However, the ordinance does not provide a clear definition of what constitutes "loud and disruptive behavior." As a result, police officers may interpret the law differently, leading to arbitrary enforcement and confusion among citizens. This ordinance could be considered void for vagueness.