Overbreath and Vagueness

Question 1

When is a statute unconstitutionally overbroad?

Answer 1

Statute or regs that regulates substantially more speech than the constitution allows. (Encompasses protected speech activites)

Question 2

Standard for the overbreath?

Answer 2

The overbreadth has to be substantial.

Question 3

When is a statute unconstitutionally vague?

Answer 3

The law is unclear and leads to inadequate notice as to what speech is prohibited and what speech is allowed.

Question 4

Vagueness doctrine is grounded in the DPC

Answer 4

Due process requires that persons potentially subject to proscription be given fair notice of that what is proscribed

Question 5

Facially challenge

Answer 5

Suit alleging that a law on its face is unconstitutional and should be struck down in its entirety

Question 6

Applied challenge

Answer 6

Challenge alleging that the law is invalid as applied to the facts of a particular case