1st Amendment, Vagueness and Overbreadth

Vagueness

A law is vague if a person cannot tell what speech is prohibited and what speech is permitted.

If law is Vague or overbroad?

Entirely unconstitutional

Munson (1984)

Fact: Charitable orgs 75% Rule: Standing can be given when statute is overbroad, 1st amendment is important and needs breathing space

Ferber (1982)

Fact: Law against child pornography but covered exceptions Rule: upheld because not overbroad

Hill (1987)

Fact: Law made it illegal to distract police officers Rule: This is substantially overbroad because it can be appled to constitutionally protected speech

Taxpayers for vincent (1984)

Fact: No signs on public property Rule: Substantially broad is both a pure speech and conduct standard

Coates (1971)

Facts: Don't be annoying Rule: Law cannot be understood by reasonable person (vague) and infringes on constitutional rights (overbroad).

Baggett (1964)

Facts: Don't be subverse oath Rule: Precision is required when laws regulate speech

Jews for Jesus (1987)

Facts: LAX instituted 1st amendment free zone rule: Law can be overbroad and not vague.

Osborne (1990)

Facts: Naked photos of children illegal Rule: limiting construction of overly broad statute will be adopted to meet 1st Amendment

Schad (1981)

Facts: No naked dance booths, no live entertainment Rule: Overbroad, infringes on rights given in constitution, Infringed 1st amendment right gives standing

Broadrick (1973)

Facts: No political activities by Gov employees Rule: Must be SUBSTANTIALLY overbroad

Packingham (2017)

Facts: Social media case Rule: Gov. cannot supprese legal speech to suppress unlawful speech. Kennedy for a unanimous court, but Alito...this goes a bit far

Gooding (1972)

Facts: You cant use fighting words... Rule: In absence of limiting construction, entire statute will be struck down