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Municipal – Constitutional – Ordinance – Disturbing Persons – Street Preacher – Overbroad (access required)

City of Greenville v. Bane. Greenville Code § 24-32(3) makes it unlawful to "molest or disturb any person by the making of obscene remarks or such remarks and actions as would humiliate, insult, or scare any person. ..." Since the words that humiliate, insult or scare one person may not have the same effect on another person, people of common intelligence may be forced to guess at the provision's meaning and may differ as to its applicability. We find subsection (3) is unconstitutional because it is facially vague. The city failed to prove defendant violated any other subsection of § 24-32, so the defendant was entitled to a directed verdict as to the other subsections. We reverse defendant's conviction.

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