jurisprudence, the overbreadth doctrine is primarily concerned with facial challenges to laws under the First Amendment. The overbreadth doctrine is used to find...
14 KB (1,909 words) - 03:38, 25 June 2025
the dangers of vague laws. Indeterminacy debate in legal theory Overbreadth doctrine Plain Language Movement Rule according to higher law "Papachristou...
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School, where he both named and first analyzed the First Amendment "overbreadth doctrine" in a student note. He co-authored the popular tort law casebook...
13 KB (1,247 words) - 14:11, 29 May 2025
Amendment cases, another type of facial challenge is enunciated in the overbreadth doctrine. If a statute reaches to include substantially protected conduct...
8 KB (1,049 words) - 00:41, 19 December 2024
AGAINST UNSOLICITED E-MAIL IN LIGHT OF THE CAN-SPAM ACT AND THE OVERBREADTH DOCTRINE" (PDF). Boston College Law Review. Retrieved 8 October 2015. "The...
38 KB (4,278 words) - 05:37, 5 June 2025
States v. Sineneng-Smith 590 U.S. ___ (2020) First Amendment • overbreadth doctrine 118 GE Energy Power Conversion France SAS v. Outokumpu Stainless...
28 KB (47 words) - 23:49, 2 July 2025
S. ___ (2020) party presentation principle • First Amendment • overbreadth doctrine • induced violation for profit of immigration law Unanimous 413...
11 KB (47 words) - 14:58, 26 May 2024
state legislator with conflict of interest • First Amendment • overbreadth doctrine Roberts, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor, Kagan 126...
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Hoffman Estates v. The Flipside, Hoffman Estates, Inc. (category Overbreadth case law)
United States Supreme Court decision concerning the vagueness and overbreadth doctrines as they apply to restrictions on commercial speech. The justices...
87 KB (11,648 words) - 13:44, 22 December 2024
state legislator with conflict of interest • First Amendment • overbreadth doctrine 117 United States v. Jicarilla Apache Nation 564 U.S. 162 (2011)...
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Assured clear distance ahead (category Legal doctrines and principles)
convert km/h to m/s or π/180 to convert deg to requisite rad). The overbreadth doctrine is also implicated whereby to avoid the risk of legal consequences...
225 KB (27,438 words) - 00:22, 6 July 2025
would be valid. The Court, however, recognized the well-established overbreadth doctrine, which provides a different standard for facial challenges of laws...
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state legislator with conflict of interest • First Amendment • overbreadth doctrine 112 Bond v. United States 564 U.S. 211 (2011) Article III • standing...
13 KB (47 words) - 14:58, 26 May 2024
Third-party standing (category Legal doctrines and principles)
Harv. L. Rev. 423 (1974). But see Monaghan, Overbreadth, 1981 Sup. Ct. Rev. 1 (arguing that overbreadth involves first-party, not third-party standing...
21 KB (3,112 words) - 19:53, 7 June 2025
no answer at all" for it misunderstood how the overbreadth doctrine is applied. The focus of the doctrine is not on the individual actor before the court...
78 KB (10,242 words) - 00:39, 6 May 2025
Zwickler v. Koota, 389 U.S. 241 (1967) Lieberman, Jethro K. (1999). "Overbreadth Doctrine". A Practical Companion to the Constitution. p. 338. Text of Zwickler...
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United States v. Hansen (category Overbreadth case law)
would not meet the elements of the crime. The court applied the overbreadth doctrine as expressed in United States v. Williams (2008): a law is unconstitutional...
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restrictions on speech that would not satisfy strict scrutiny due to overbreadth and vagueness, and that a legally enforceable "objectivity and balance"...
33 KB (3,656 words) - 00:47, 15 July 2025
violating his equal-protection rights; the void-for-vagueness and overbreadth doctrines by failing to give fair notice of prohibited conduct and by overly...
10 KB (979 words) - 07:10, 14 April 2025
against unsolicited e-mail in light of the CAN-SPAM Act and the overbreadth doctrine The CAN-SPAM Act of 2003: A False Hope The Effectiveness of Litigation...
19 KB (2,511 words) - 02:50, 13 September 2023
Standing (law) (category Legal doctrines and principles)
example, courts will accept First Amendment challenges to a statute on overbreadth grounds, where a person who is only partially affected by a statute can...
37 KB (4,997 words) - 11:17, 16 June 2025
Connection Distributing Co. v. Holder (category Overbreadth case law)
Section 2257 are constitutional, and in its extended discussion of the overbreadth doctrine. The decision has been strongly criticized by the adult entertainment...
18 KB (1,724 words) - 02:14, 21 November 2024
Estates v. The Flipside, Hoffman Estates, Inc. 455 U.S. 498 (1982) Overbreadth doctrine does not apply to commercial speech Rose v. Lundy 455 U.S. 509 (1982)...
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vagueness and overbreadth problems than the definition of indecency. — Levy 2008 Legal scholars have questioned the constitutionality of the doctrine, and indicated...
6 KB (714 words) - 23:40, 1 January 2025
courts. Justice Clarence Thomas filed a concurrence concerning the overbreadth doctrine relied on by the Ninth Circuit, which he thought should be revisited...
13 KB (1,323 words) - 16:30, 10 July 2025
test Law test Multiple Access test Necessarily incidental doctrine Oakes test Overbreadth test Patent unreasonableness test Pith and substance test (see...
5 KB (417 words) - 07:46, 28 May 2025
Fighting words (redirect from Fighting words doctrine)
would tend to incite an immediate breach of the peace. The fighting words doctrine, in United States constitutional law, is a limitation to freedom of speech...
14 KB (1,803 words) - 09:55, 28 March 2025
justifiable police conduct. Canadian courts recognize the abuse of process doctrine, which addresses prosecutorial misconduct, including retaliatory prosecutions...
6 KB (622 words) - 01:38, 1 January 2025
Broadrick v. Oklahoma (category Overbreadth case law)
Broadrick is often cited to enunciate the test for a facial overbreadth challenge that "the overbreadth of a statute must not only be real, but substantial as...
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Law Project (2010) Williams-Yulee v. Florida Bar (2015) Overbreadth and Vagueness doctrines Smith v. Goguen (1974) Board of Airport Commissioners v....
8 KB (765 words) - 10:21, 30 January 2025