Vagueness/Overbreath Flashcards
1
Q
Vagueness is
A
no or insufficient standards
2
Q
Test for vagueness
A
- do procedures in statute give notice?
- what does the statute look like? (language)
- clarity?
- what would happen if the statute is enforced?
3
Q
Overbreath
A
punishes protected speech
4
Q
Overbreath test
A
- Whether the regulation is reaching out and punishing protected
- Is govt interest in balancing against the govt invading this right substantial?
