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LSDefine

Simple English definitions for legal terms

Overbreadth

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A quick definition of Overbreadth:

Overbreadth: When a law or rule is made, it should only apply to the specific thing it was meant to cover. However, sometimes the law is too broad and covers things it wasn't supposed to. This is called overbreadth.

A more thorough explanation:

Overbreadth is a term used to describe a law or regulation that goes beyond its intended purpose and covers activities that it was not meant to cover. This can lead to the restriction of constitutionally protected activities.

For example, a law that prohibits all forms of public assembly, including peaceful protests, in a certain area may be considered overbroad. While the law may have been intended to prevent violent protests, it also restricts the right to peaceful assembly, which is protected by the First Amendment.

Another example is a law that prohibits all forms of online communication, including social media, in an attempt to prevent cyberbullying. This law may be considered overbroad because it restricts free speech and communication that is not related to cyberbullying.

These examples illustrate how overbreadth can lead to the restriction of constitutionally protected activities and the need for laws to be carefully crafted to avoid unintended consequences.

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