Over Breadth and Vagueness Doctrine

Question 1

Overbreadth and Vagueness

Answer 1

A law can be BOTH vague and overbroad but MUST be analyzed separately.

Question 2

Vagueness Doctrine

Answer 2

1. A law violates the 1st amendment when its vague, meaning that the law is “so unclear that people of common intelligence must necessarily guess its meaning” and would not be able to determine what conduct is prohibited
2. Facial Challenge: If a law is found to be unconstitutionally vague on its face (a certain test/word), the entire law is declared invalid,

Question 3

Overbreadth Doctrine

Answer 3

1. A law is overbroad when it sweeps in conduct that is protected under the 1st amendment, even if it has constitutional applications.
2. A party affected by the statute can challenge the law based on overbreadth even if it could constitutionally be applied to D’s conduct.

3.A law regulates more speech than what the constitution allows to be regulated.