Although the ordinance was upheld as constitutional, some Supreme Court justices dissented, saying the ordinance was too broad and potentially restricted all picketing in residential streets. ![]() Schultz (1988) centered on a city ordinance that regulated picketing in residential areas. To avoid overbreadth, governments must tailor laws narrowly so they are using the least restrictive means to achieve their purposes. Narrowly tailored laws use the least restrictive means to achieve their purpose Narrow tailoring is linked to the overbreadth doctrine, which the Court invokes when a law sweeps too broadly and inhibits protected, as well as unprotected, expression. The Supreme Court has ruled that government regulation of First Amendment rights must be “narrowly tailored,” which means that laws must be written precisely to place as few restrictions as possible on First Amendment liberties. by Leena Krohn, via Wikimedia, CC By 3.0) In that case, Georgia had convicted an anti-war protestor for violating its breach of peace statute that prohibited "opprobrious words or abusive language, tending to cause a breach of the peace." (Photo of 1971 anti-war protest in Washington D.C. In order to improve the lives of persons who have, or may suffer, the effects of domestic violence the legislature intends to achieve more uniformity in the decision-making processes at public and private agencies that address domestic violence by reducing inconsistencies and duplications allowing domestic violence victims to achieve safety and stability in their lives.An example of the Supreme Court rejecting a law that was not narrowly tailored to its purpose was in Gooding v. ![]() The legislature intends to: Increase the safety afforded to individuals who seek protection of public and private agencies involved in domestic violence prevention improve the ability of agencies to address the needs of victims and their children and the delivery of services upgrade the quality of treatment programs and enhance the ability of the justice system to respond quickly and fairly to domestic violence. The legislature intends to give law enforcement and the courts better tools to identify violent perpetrators of domestic violence and hold them accountable. Intent -2010 c 274: "The legislature intends to improve the lives of persons who suffer from the adverse effects of domestic violence and to require reasonable, coordinated measures to prevent domestic violence from occurring. ![]() ![]() In making this determination, the officer shall make every reasonable effort to consider: (A) The intent to protect victims of domestic violence under RCW 10.99.010 (B) the comparative extent of injuries inflicted or serious threats creating fear of physical injury and (C) the history of domestic violence of each person involved, including whether the conduct was part of an ongoing pattern of abuse. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. When the officer has probable cause to believe that family or household members or intimate partners have assaulted each other, the officer is not required to arrest both persons. Bodily injury means physical pain, illness, or an impairment of physical condition. (d) The person is eighteen years or older and within the preceding four hours has assaulted a family or household member or intimate partner as defined in RCW 10.99.020 and the officer believes: (i) A felonious assault has occurred (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death.
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