Opinion

Commonwealth v. Omar

  • 602 Pa. 595
  • 981 A.2d 179
  • 63 A.L.R. 6th 793
  • 95 U.S.P.Q. 2d (BNA) 1921
  • 2009 Pa. LEXIS 2104
Court
Supreme Court of Pennsylvania
Filed
Oct 5, 2009
Status
Published
Author
Eakin
On the bench
Baer, Castille, Eakin, Greenspan, McCAFFERY, Saylor, Todd
Cited by
37 cases
Authority
More cited than 8.6%

holding the Trademark Counterfeiting Statute unconstitutionally overbroad under the First Amendment to the United States Constitution

How later courts described this case

  • holding the Trademark Counterfeiting Statute unconstitutionally overbroad under the First Amendment to the United States Constitution
  • providing that an appellate court reviews pure questions of law under a de novo standard
  • generally speaking, constitutional rights cannot be asserted vicariously
  • same as to different statutes

Written by the judges who cited it.

The opinion

Justice EAKIN,

Dissenting.

Whilst I join Madame Justice Greenspan’s dissent concluding Pennsylvania’s Trademark Counterfeiting Statute, 18 Pa. C.S. § 4119, is not so vague and overbroad as to be deemed unconstitutional, I write separately because of references contrasting this statute to our recent holding in Malt Beverages Distributors Association v. Pennsylvania Liquor Control Board, 974 A.2d 1144 (Pa.2009). In her dissent, Madame Justice Greenspan states this Court properly found the statute at issue in Malt Beverages to be ambiguous, yet now refuses to find ambiguity in the current statute, which I find to contain even more tenuous language. Dissenting Op., at 617-18, 981 A.2d at 193-94. I dissented in Malt Beverages, believing the statute there was not ambiguous. Therefore, I cannot agree with statements suggesting this Court properly found statutory ambiguity in Malt Beverages. In all other aspects, I join Madame Justice Greenspan’s dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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