overbreadth

overbreadth
The excessive broadness of a statute that, in proscribing unprotected speech, also proscribes protected speech.

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  • overbreadth — over·breadth /ˌō vər bredth, bretth; ō vər ˌ/ n 1: the quality or state of being overbroad a statute void for overbreadth 2: a doctrine in constitutional law: a law that prohibits protected conduct (as free speech) as part of its reach may be… …   Law dictionary

  • overbreadth doctrine — A principle of judicial review that holds that a law is invalid if it punishes constitutionally protected speech or conduct along with speech or conduct that the government may limit to further a compelling government interest. Dictionary from… …   Law dictionary

  • Overbreadth doctrine — In American jurisprudence, the overbreadth doctrine is primarily concerned with facial challenges to laws under the First Amendment. American courts have recognized several exceptions to the speech protected by the First Amendment (for example,… …   Wikipedia

  • overbreadth doctrine — This doctrine, which derives from First Amendment, serves to invalidate legislation so sweeping that, along with its allowable proscriptions, it also restricts constitutionally protected rights of free speech, press or assembly. McCrary v. State …   Black's law dictionary

  • Third party standing — is a term of the law of civil procedure that describes when one party may file a lawsuit on behalf of another party. In the United States, this is generally prohibited, as a party can only assert his or her own rights and cannot raise the claims… …   Wikipedia

  • Nitke v. Gonzales — United States District Court for the Southern District of New York Full case name NITKE v. GONZALEZ, 413 F.Supp.2d 262 (S.D.N.Y. 2005) Date decided Jul. 25, 2005 …   Wikipedia

  • COINTELPRO — Federal Bureau of Investigation Common name Federal Bureau of Investigation Abbreviation FBI …   Wikipedia

  • R. A. V. v. City of St. Paul — SCOTUSCase Litigants=R.A.V. v. City of St. Paul ArgueDate=December 4 ArgueYear=1991 DecideDate=July 22 DecideYear=1992 FullName=R.A.V., Petitioner v. City of St. Paul, Minnesota USVol=505 USPage=377 Citation=112 S. Ct. 2538; 120 L. Ed. 2d 305;… …   Wikipedia

  • Church Committee — The Church Committee is the common term referring to the United States Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, a U.S. Senate committee chaired by Senator Frank Church (D ID) in 1975. A… …   Wikipedia

  • Section Seven of the Canadian Charter of Rights and Freedoms — is a constitutional provision that protects an individual s autonomy and personal legal rights from actions of the government. This Charter provision provides both substantive and procedural rights. [ Suresh v. Canada ] It has broad application… …   Wikipedia

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