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Hoffman Estates, Inc. v. The Flipside

455 U.S. 489 (1982)

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Hoffman Estates, Inc. v. The Flipside

United States Supreme Court

455 U.S. 489 (1982)

Facts

The Village of Hoffman Estates (the village) (defendant) enacted a municipal ordinance requiring a business to obtain a license if it sold any items that were designed or marketed for use with illegal cannabis or drugs. The ordinance applied to items containing drug-related logos, designs, or slogans. The ordinance also treated the proximity of drug-related literature as an indicator that an item was marketed for use with cannabis or drugs. The Flipside, Hoffman Estates, Inc. (The Flipside) operated a shop in the village in which it sold records, jewelry, novelty devices, and smoking accessories. After the ordinance was enacted, the village attorney advised The Flipside’s owner to remove a number of items in one section of the store to avoid the licensing requirement. The Flipside sued the village in federal district court, arguing that the ordinance was unconstitutionally vague and overbroad. The district court found that the ordinance was constitutional. The court of appeals reversed, finding that the ordinance was unconstitutionally vague on its face. The Flipside appealed, and the United States Supreme Court noted that it had jurisdiction over the matter.

Rule of Law

Issue

Holding and Reasoning (Marshall, J.)

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