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Criminal Law
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An Act titled the Public Safety and Moral Harmony Act (PSMHA) is enacted on March 1, 2027. The Act punishes expression or act that could reasonably be interpreted as offensive to the moral sensibilities of the community
and provides imprisonment up to five years. It defines
offensive and
moral harmony
in terms that are so subjective as to leave enforcement to the whim of officials, and the Act contains no objective standards for what constitutes offensive expression. On May 15, 2027 a local blogger posts a satirical piece about a provincial official; on June 1, 2027 the blogger is arrested for violating the Act. (a) Identify the primary due process issue and the controlling doctrine. (b) Explain how vagueness analysis operates and what makes a statute sufficiently definite. (c) Apply to the facts: does the statute suffer from vagueness? What is the proper disposition, and why?