Because an injunction “prohibits conduct under threat of judicial punishment, basic fairness requires that those enjoined receive explicit notice of precisely what conduct is outlawed.” Under this standard, we have held injunctions to be too vague when they enjoin all violations of a statute in the abstract without any further specification, or when they include, as a necessary descriptor of the forbidden conduct, an undefined term that the circumstances of the case do not clarify.
Indeed, we must always apply the fair notice requirement “in the light of the circumstances surrounding entry: the relief sought by the moving party, the evidence produced at the hearing on the injunction, and the mischief that the injunction seeks to prevent.”
My Testimony Before the Rhode Island Senate Finance Committee on S543 - A
Bill to Allow the Sale of Electronic Cigarettes at Adult-only Vape Shops
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I had the pleasure yesterday of testifying before the Rhode Island Senate
Finance Committee on bill S543, introduced by Senator DiPalma, which would
crea...
2 days ago