Title

The Rave Act: A Specious Solution to the Serious Problem of Increased Ecstasy Distribution within the United States That Is Unconstitutionally Overbroad

Authors

Erin Treacy

Abstract

The RAVE Act amends the 1986 "Crackhouse Statute" on the assumption that electronic music concerts are comparable to crackhouses. This article submits that the rationale behind the former Crackhouse statute does not logically support the RAVE Act and that the new law, as enacted, is unconstitutionally overbroad, infringing upon First Amendment rights. This article shows that the “rave culture,” its associated drug use and electronic music performances (sometimes known as raves) are not inextricably linked. The article also explores policy arguments that may be asserted against the RAVE Act and provides suggestions on how to amend the existing statute to bring it within constitutional bounds.

Disciplines

Constitutional Law | Criminal Law | Criminal Procedure | Entertainment, Arts, and Sports Law | Juvenile Law | Law | Law and Society | Legislation

Date of this Version

September 2004