Overbreadth, Vagueness, and Prior Restraint

Question 1

Overbreadth

Answer 1

allows Ds speech that is unprotected to raise a claim that the statute is overbroad and should be stricken as facially invalid (Gooding v. Wilson)

Question 2

Vagueness

Answer 2

no ascertainable standard for conduct that falls under the statute and so vague that persons of common intelligence must necessarily guess at is meaning and differ in its application

Question 3

Types of Prior Restraint

Answer 3

licensing and injunctions

Question 4

Collateral Bar Rule

Answer 4

can’t just ignore an injunction; must first try to modify or get it reversed, and can raise constitutionality only after