!-- Google Tag Manager (noscript) -->

Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

overbreadth doctrine

Read a random definition: compensable

A quick definition of overbreadth doctrine:

The overbreadth doctrine is a legal principle that says if a law is written so broadly that it could discourage people from expressing themselves freely, it can be declared unconstitutional, even if it also prohibits actions that are allowed to be forbidden. This doctrine has been used by the Supreme Court to strike down laws that would prevent peaceful protests or require people to pledge loyalty. It is different from the vagueness doctrine, which deals with laws that are too unclear to be understood.

A more thorough explanation:

The overbreadth doctrine is a principle in constitutional law that states that if a law is written so broadly that it restricts free expression, it can be invalidated even if it also prohibits actions that are legitimately forbidden.

For example, if a law prohibits all forms of protest, including peaceful picketing, it may be considered overbroad because it restricts the right to free speech. Even though the law may legitimately prohibit violent protests, the overbreadth doctrine allows for the entire law to be struck down because it has a chilling effect on free expression.

The Supreme Court has used the overbreadth doctrine to invalidate laws that would require loyalty oaths or restrict the distribution of literature. These laws were considered overbroad because they restricted free expression beyond what was necessary to achieve their intended purpose.

overage | overdraft

Warning

Info

General

General chat about the legal profession.
main_chatroom
๐Ÿ‘ Chat vibe: 0 ๐Ÿ‘Ž
Help us make LSD better!
Tell us what's important to you
LSD+ is ad-free, with DMs, discounts, case briefs & more.