People v. Rapp

Summary

The Michigan Supreme Court held that the phrase “disrupt the normal activity” in Michigan State University Ordinance § 15.05 is facially overbroad under the First Amendment because it criminalizes a substantial amount of protected speech and permits unfettered enforcement discretion. The Court reinstated the circuit court’s ruling on the ordinance’s facial unconstitutionality and affirmed that MCR 7.101(O) does not authorize taxation of costs in criminal appeals.

Holdings

1. The phrase "disrupt the normal activity" in MSU Ordinance § 15.05 is facially overbroad and unconstitutional under the First Amendment because it reaches a substantial amount of constitutionally protected speech and expressive conduct and gives enforcement officials excessive discretion.
2. MCR 7.101(O) does not authorize taxation of appellate costs in a criminal case.

Questions Presented

1. Whether the phrase "disrupt the normal activity" in MSU Ordinance § 15.05 is facially overbroad under the First Amendment.
2. Whether MCR 7.101(O) authorizes taxation of appellate costs against the prosecution in a criminal case.

Disposition

reversed