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There, prosecutors might turn to two relatively narrow laws, or a broader one, to pursue their cases.
The group, the Pew Oceans Commission, urged the Bush administration and Congress to develop legislation creating a single agency for oceans and consolidating what is now, it said, a fragmented "hodgepodge of narrow laws" administered by a host of agencies.
Anti-surveillance bills have been introduced over the past year in more than half the states in the union, ranging from narrow laws that would require warrants for location data and email to more sweeping efforts to fight back against federal intrusions by outlawing cooperation with government agencies that engage in electronic-data collection without a warrant.
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Kennedy did leave open the possibility that North Carolina or another state could write a more narrow law limiting sex offenders' access to social media.
Luckily for the Penn State KDR Facebook group -- and unfortunately for the women it victimized -- Pennsylvania passed the very kind of unjustifiably narrow law criminalizing invasions of sexual privacy that the ACLU endorses.
Breyer, joined by Kagan, concurred with the result, but wrote a separate opinion signaling that Congress could write a more narrow law that focuses on specific harms that result from lies about military medals and honors.
"The Stolen Valor Act," Alito wrote, "represents the judgment of the people's elected representatives that false statements about military awards are very different from false statements about civilian awards... [the Act] is a narrow law enacted to address an important problem, and it presents no threat to freedom of expression".
The decision left open the possibility that Congress could enact a narrower law that would pass constitutional muster.
The prosecutors said that they presented sufficient evidence during the trial showing that Mr. Bruno had received kickbacks, and that the remedy was a retrial under the newly narrowed law, with jury instructions that pass Supreme Court muster.
Although the margin changed, the court's interpretation remained the same: that state lawmakers created the problem by passing laws with different sentencing requirements, and in such a case, the court said, the narrower law must prevail.
Warren's version was narrow: the laws shaping the economy had been perverted so that the country was congenial for the rich and brutal for the poor.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com