Vagueness and Overbreadth Flashcards
Vagueness
A law is unconstitutionally vague if a reasonable person cannot tell which speech is permitted and what speech is prohibited. In Coates of Cincinnati, a city ordinance that makes it a crime for “3 or more people to assemble on any of the sidewalks and conduct themselves in a manner that doesn’t annoy” was struck down as unconstitutionally vague.
Overbreadth
A law is unconstitutionally over broad if it regulates substantially more speech than the Constitution allows to be regulated. (Schad). However, “substantial overbreadth” and a realistic danger of First Amendment infringement is required before a law will be invalidated on overbreadth grounds. (Jews for Jesus).
In Schad, an adult store in NJ challenged a city ordinance that prohibits all live dancing in the city. The Court found that the ordinance was unconstitutional.
In Jews for Jesus, a law that prohibited ANY first amendment activity at LAX was unconstitutionally overbroad. An individual may challenge a statute on its face because it also threatens others before the court in addition to their own speech or conduct. A statute is invalid on its face if the over breadth is substantial.
