City of Wichita v. Trotter

Summary

The court held that Wichita's after-hours licensing ordinance was unconstitutionally overbroad because its plain language reached substantial protected assembly activity in and around private homes and could not be severed without altering the legislative intent. The court also held that Trotter could assert a First Amendment overbreadth challenge without showing personal injury but could not assert other people's Fourth Amendment rights. Finally, the court held that the Court of Appeals erred by sua sponte reversing dismissal of Trotter's second charge without allowing the parties a fair opportunity to brief the issue and because the City had waived the argument by failing to brief it.