Ronald Duhe, et al. v. City of Little Rock, Arkansas, et al.

On summary judgment:

1. Whether precedent by this Court together with the Eighth Circuit, other circuits and state courts of last resort had clearly established the vagueness and overbreadth of language in the Arkansas disorderly conduct statute that, here, punished leafletting and amplified speech.

2. Whether police testimony is the only evidence that matters in a probable cause determination, such that police have no duty to consider controverting witness prior to an arrest.

3. Whether a statute’s unconstitutional conduct prohibitions are cured by an unconstitutional scienter element.

4. Whether an automatic 48-hour detention policy is constitutional under Gerstein v. Pugh, 420 U.S. 103 (1975) and County of Riverside v. McLaughlin, 500 U.S. 44 (1991).

5. Whether standing to challenge a vague permit ordinance arises from a chill on the First Amendment by police threats to enforce the ordinance and police intent to make such threats in the future.