Overbreadth and Vagueness
Lakukan tugas rumah & ujian kamu dengan baik sekarang menggunakan Quizwiz!
Overbreadth
A statute is overly broad if it constitutionally prohibits speech and activities but also prohibits other speech or activities protected by the 1st
Vagueness
A vague statute restricting free expression violates the 1st for two reasons: 1) It fails to provide a reasonable person with notice as to what speech or conduct is prohibited; and 2) It fails to give adequate guidance to law enforcement - allows for discriminatory enforcement
Subsequent Judicial Cure
An overbroad or vague statute may be cured prospectively by a court's narrow interpretation of its language - the court's interpretation supplants the actual language of the statute and has the same effect as if the statute had been amended by the legislature
