Vagueness Overbreadth and Prior Restraint

Question 1

Vagueness

Answer 1

Vague laws are invalid if they are so ambiguous that a reasonable person cannot tell what expression is allowed or forbidden
One does not need to have standing to challenge the vague law if the law would unconstitutionally apply to someone else

Question 2

Overbreadth

Answer 2

Overbroad laws are invalid if they regulate substantially more speech than allowed by the Constitution
There must be a realistic danger that the law will significantly affect and harm recognized First Amendment Speech
One does not need to have standing to challenge an overbroad law if the law would unconstitutionally apply to someone else
Doesn’t apply to commerical speech

Question 3

Prior Restraint

Answer 3

Prior restraint that occurs prior to an attemped communication (rather than subsequent punishment) and completely supresses the attempted communication are generally invalid
Usually occurs in one or two contexts:
=Government Licensing
-Injunctions against publications

Question 4

Collateral Bar Rule

Answer 4

Prior restraint must be obeyed until it is set aside
If the restriction is valid on its face, it must be challenged
If the restriction is unconstitutional on its face or procedurally invalid, then the person can violate the restriction

Question 5

Licensing as prior restraint

Answer 5

Three elements for constitutional licensing laws

• must be content neutral
• must have clear standards that leave no discretion to the government
• must have procedural safeguards

Level of scrutiny

• Strict scrutiny applies when not content neutral
• Intermediate scrutiny applies if three standards met
• If it the license is turned down, there must be a speedy review.