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Com. v. Casey4/23/1997
so rather than risk prosecution. . . ." Brockett v. Spokane Arcades, Inc., 472 U.S. 491, 503, 86 L. Ed. 2d 394, 105 S. Ct. 2794 (1985). When the language of a statute threatens rights protected by the First Amendment to the Constitution of the United States, a litigant against whom the statute has been improperly applied may challenge the constitutionality of the statute for the benefit of those whose expression may be chilled. Brockett, 472 U.S. at 503. However, no court, to our knowledge, has declared a statute overbroad on the basis, as argued here, that in applying the law, the police conducted an illegal search and seizure.
There was no error in denying the motion to dismiss the complaint.
Judgment affirmed.
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