Jesus Morales and other defendants in several separate cases were charged in the Circuit Court of Cook County with violating the Chicago anti-gang ordinance. Morales and the defendants in one case moved to dismiss the actions against them. The Circuit Court, Cook County, granted the motion. The city appealed. The Illinois Appellate Court affirmed. The defendants in a second case were charged with violating the ordinance. The Circuit Court dismissed the charges. The Appellate Court affirmed. The city petitioned for leave to appeal, which the Appellate Court granted.

In a third case, the defendants were charged, in the Circuit Court, with violating the ordinance, were convicted, and were sentenced to jail terms. The defendants appealed. The Appellate Court reversed. The city petitioned for leave to appeal. After granting the petitions to appeal in all three cases, and consolidating the cases for one hearing, the Supreme Court of Illinois affirmed. The U.S. Supreme Court granted certiorari and affirmed the judgment of the Illinois Supreme Court.

Facts

In 1992, the Chicago City Council enacted the Gang Congregation Ordinance, which prohibits “criminal street gang members” from “loitering” with one another or with other persons in any public place. The ordinance creates a criminal offense punishable by a fine of up to $500, imprisonment for not more than six months, and a requirement to perform up to 120 hours of community service. Commission of the offense involves four elements.....

1. List the four elements in the Chicago antigang ordinance.

2. List the specific arguments the majority gave to support its conclusion that the ordinance was vague.

3. Explain specifically all of the reasons why the dissenting judges disagreed.

4. Would “any fool” know what conduct this ordinance prohibited? Defend your answer.

5. Did the majority properly balance the interest in community order with the individual liberty?

Explain your answer.

6. If the majority didn’t properly strike the balance, how would you do it differently? Explain your answer.