Contrary to Wiemerslage's interpretation,
Kolender and its progeny do not require us to declare the school's disciplinary rule void for vagueness.
Kolender and the cases that followed it all concerned criminal anti-loitering statutes and thus, were subject to a more stringent standard of specificity. Moreover, in the cases relied upon by Wiemerslage, the courts declared the statutes void not because they found the term “loitering” vague. Rather, the vagueness arose from the requirement that once found to be loitering, one was required to provide “credible or reliable identification.”
Kolender, 461 U.S. at 358, 103 S.Ct. at 1858. The courts determined that the identification requirements were sufficiently vague as to bestow upon law enforcement officials an inordinate amount of discretion. It was the identification requirements and not the loitering definition that the courts construed to be overly vague.