United States v. Tia Deyon Pugh, 90 F.4th 1318

Tia Pugh was involved in a riotous protest in Mobile, Alabama, in May 2020, protesting police brutality after George Floyd's death.
Pugh shattered a police car window during the protest, which hindered police response to the civil disorder near an interstate ramp used by commercial vehicles.
Pugh was charged under 18 U.S.C. § 231(a)(3) for impeding law enforcement during a civil disorder affecting interstate commerce.
She moved to dismiss the indictment, raising multiple constitutional challenges to the statute.
The district court denied her motion; Pugh was convicted by a jury and sentenced to time served with penalties. She appealed, raising the same constitutional arguments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Commerce Clause – Overbreadth	Statute exceeds Congress’s power by reaching conduct only loosely connected to interstate commerce	Statute's jurisdictional element ensures connection to commerce	Statute's scope constitutionally limited by commerce nexus
First Amendment – Overbreadth	Statute sweeps in too much protected speech and expressive conduct	Statute targets obstructive conduct, not mere speech	Statute is not substantially overbroad; targets conduct
First Amendment – Content-Based Restriction	Statute discriminates based on message critical of law enforcement	Statute is content-neutral; applies regardless of message	Statute is content-neutral and not facially unconstitutional
Fifth Amendment – Vagueness	Statute is too vague, failing to provide notice and enabling arbitrary enforcement	Statute clearly applies to Pugh’s conduct; not vague as applied	Pugh cannot challenge statute's vagueness as to others

United States v. Lopez, 514 U.S. 549 (Supreme Court clarified categories of activity Congress may regulate under Commerce Clause)
Gonzales v. Raich, 545 U.S. 1 (Congress can regulate intrastate activities that substantially affect interstate commerce)
United States v. Castleberry, 116 F.3d 1384 (11th Cir. upheld similar "affect commerce" language in Hobbs Act)
Russell v. United States, 471 U.S. 858 (jurisdictional element connecting property to commerce satisfied Commerce Clause)
City of Houston v. Hill, 482 U.S. 451 (distinguished; municipal ordinance struck down for targeting verbal interruptions of officers)
United States v. Williams, 553 U.S. 285 (overbreadth doctrine requires substantial number of unconstitutional applications)
Holder v. Humanitarian Law Project, 561 U.S. 1 (facial vagueness challenge requires statute not be constitutionally applied to challenger)