Washington Law Review


R. W. E.


Defendants were arrested under authority of R.C.W. § 9.87.010(13), Washington's school loitering statute, for having distributed anti-Vietnam war leaflets to students on school premises in knowing violation of a school board regulation which required prior approval by the superintendent of nonschool-related handouts. The peaceful distribution occurred prior to morning classes as students were leaving their busses. Defendants subsequently were convicted, although they contended that the statute was unconstitutionally vague and overbroad and as applied violated their right to free speech. On appeal to the Washington Supreme Court, the conviction was affirmed. Held: R.C.W. § 9.87.010(13) is constitutional: the statute is sufficiently specific in terms of time, place and tenor to satisfy procedural due process and withstand a vagueness attack; its breadth is justified as a reasonable exercise of the state's police power to safeguard the orderly education of youth; and it was applied evenhandedly so as not to discriminate against the defendants' viewpoints. State v. Oyen, 78 Wn. 2d 909, 480 P.2d 766 (1971). On appeal to the United States Supreme Court, the judgment was vacated and remanded for further consideration in light of Police Department of the City of Chicago v. Mosley and Grayned v. the City of Rockford. Oyen v. Washington, 408 U.S. 933 (1972).

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