IIED and vagueness
Volokh, Eugene
VOLOKH at law.ucla.edu
Thu Nov 1 10:05:28 PDT 2007
Why? Seems like a "reasonable person would find it outrageous"
test is unconstitutionally vague under Grayned et al., precisely because
different people have such different standards of outrageousness.
Eugene
> -----Original Message-----
> From: religionlaw-bounces at lists.ucla.edu
> [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Steven Jamar
> Sent: Thursday, November 01, 2007 9:17 AM
> To: Law & Religion issues for Law Academics
> Subject: Re: IIED and vagueness
>
> What makes it outrageous is not the content per se, but the
> content in the context. And doesn't the old workhorse, our
> erstwhile objective standard of "outrageous to a reasonable
> person", save it from unconstitutional vagueness?
>
> Steve
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