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LEGEND NIGHT CLUB v. MILLER

No. 09-1540.

637 F.3d 291 (2011)

LEGEND NIGHT CLUB, Plaintiff-Appellee, and International Nite Life Enterprises, Incorporated, trading as The Classic III Supper Club, a/k/a The Classics, Plaintiff, v. Dennis B. MILLER; Earl J. Howard; Franklin D. Jackson; Nam K. Kim; Shaihi Mwalimu; State of Maryland, Defendants-Appellants, and Robert Ehrlich; Prince George's County Government; Prince George's County, Maryland; Norma Lindsay, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: February 17, 2011.

Attorney(s) appearing for the Case

ARGUED: Matthew John Fader , Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellants. Jimmy A. Bell , Law Office of Jimmy A. Bell, PC, Bowie, Maryland, for Appellee. ON BRIEF: Douglas F. Gansler , Attorney General of Maryland, Charles J. Butler , Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellants.

Affirmed by published opinion. Judge WYNN wrote the majority opinion, in which Judge DAVIS joined. Senior Judge HAMILTON wrote a separate opinion concurring in part and dissenting in part.

OPINION

WYNN, Circuit Judge:

"Under the doctrine of overbreadth, a statute violates the First Amendment it if prohibits a substantial amount of protected expression." PSINet, Inc. v. Chapman, 362 F.3d 227, 234 (4th Cir.2004). Defendants appeal a permanent injunction prohibiting the enforcement of a Maryland statute due to its overbreadth. We conclude that the statute—which limits the range of permissible...

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