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