LEGISLATION-INVALIDITY OF STATUTES FRAMED IN VAGUE TERMS

Authors

Richard W, Pogue S.Ed, University of Michigan Law SchoolFollow

Abstract

Defendant, president of a corporation which processes apples for shipment in interstate commerce, was convicted of violating §301(f) of the Food, Drug, and Cosmetic Act. That section prohibits "the refusal to permit entry oi inspection as authorized by section 704"; section 704 authorizes federal officers, "after first making request and obtaining permission of the owner, operator or custodian" of the factory "to enter" and "to inspect" the establishment "at reasonable times." Federal authorities requested permission to enter and inspect defendant's factory at reasonable hours, but permission was refused. This refusal was the basis of the conviction. The Court of Appeals for the Ninth Circuit reversed. Certiorari was granted; held, affirmed. A criminal statute is invalid if it does not give fair and effective notice of what acts are prohibited. United States v. Cardiff, 344 U.S. 174, 73 S.Ct. 189 (1952).

Recommended Citation

Richard W. Pogue S.Ed, LEGISLATION-INVALIDITY OF STATUTES FRAMED IN VAGUE TERMS, 51 Mich. L. Rev. 941 (1953).
Available at: https://repository.law.umich.edu/mlr/vol51/iss6/17