Supreme Court Judgement, Chicago.

Supreme Court Judgement, Chicago.
It was not improper for the state courts to conclude that the ordinance, which covers a significant amount of activity in addition to the intimidating conduct that is its factual predicate, is invalid on its face. An enactment may be attacked on its face as impermissibly vague if, inter alia, it fails to establish standards for the police and public that are sufficient to guard against the arbitrary deprivation of liberty. Kolender v. Lawson, 461 U.S., at 358. The freedom to loiter for innocent purposes is part of such “liberty.” See, e.g., Kent v. Dulles, 357 U.S. 116, 126. The ordinance’s vagueness makes a facial challenge appropriate. This is not an enactment that simply regulates business behavior and contains a scienter requirement. See Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 499. It is a criminal law that contains no mens rea requirement, see Colautti v. Franklin, 439 U.S. 379, 395, and infringes on constitutionally protected rights, see id., at 391. Pp. 7—12.

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