Article Summary: The Overbreadth Doctrine The Overbreadth Doctrine is a powerful judicial tool, primarily used in First Amendment constitutional law, that allows a court to invalidate a statute on its face if it sweeps too broadly, criminalizing or regulating a substantial amount of protected speech along with legitimate targets. Its core purpose is to prevent […]
Meta Summary: The “Strong Medicine” of Overbreadth The Overbreadth Doctrine is a crucial, though exceptional, principle in United States Constitutional Law, primarily applied in First Amendment cases. It allows for the facial invalidation of a statute if it prohibits a substantial amount of constitutionally protected speech in addition to the conduct it was legitimately intended
The Overbreadth Doctrine is a crucial principle in US Constitutional Law, primarily under the First Amendment, that protects free speech by allowing courts to strike down laws that are too broadly written. Learn how this ‘strong medicine’ prevents the chilling effect on protected expression, even for those whose own conduct is unprotected. The Overbreadth Doctrine: