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This Article concludes that a conviction based upon a virtual-presence theory is unconstitutional, as it is void-for-vagueness.
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She contends that Johnson is a procedural decision because the void-for-vagueness doctrine is based on procedural due process.
These results support the idea that some people are more receptive to this type of bullshit and that detecting it is not merely a matter of indiscriminate skepticism but rather a discernment of deceptive vagueness in otherwise impressive sounding claims.
Thus, narrowly construing the phrase to apply to only conduct that poses a threat to others gives the phrase a narrow and definite focus and saves it from vagueness.
It is so vague and standardless that it violates the Fifth Amendment’s Due Process 4 Clause and is void for vagueness.