Tennessee v. Netto

Is the Tennessee state statute prohibiting lotteries and pyramid clubs unconstitutionally vague?

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The Tennessee Supreme Court ruled that the statute was not vague. To be found unconstitutionally vague, a statute must leave people of common intelligence to guess at its meaning. The Tennessee State Constitution flatly forbids lotteries in plain language, and the state statute in question had defined a pyramid club to be a lottery. The statute uses the plain language of common experience, and no dictionary is needed to define the terms. While the statute may not be absolutely precise, absolute precision is not necessary for a statute to be constitutional.

Case and case summary are also available online at: http://www.mlmlegal.com/legal-cases/Tennessee_v_Netto.php

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Published In: Criminal Law Updates, MLM / Direct Sales Updates, MLM Consulting / Network Marketing Updates

Reference Info:State, 6th Circuit, Tennessee | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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