vague-obreadtflowchart - Constitutional Law II Fall 2006...

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Overbreadth is a device which permits a challenger, whose own speech could be regulated by a properly drawn statute, to assert the 1st am claims of 3d parties who might otherwise be chilled from speaking, and thus never have an opportunity to challenge the law as not narrowly drawn. Statute is invalid when applied to other speakers Statute is in- valid as applied to this speaker Prof Manheim Constitutional Law II Fall, 2006 The speech affected must be high valued speech A significant amount of speech must be affected A law regulating speech must be substantially overbroad to permit jus tertii standing Very important right; e.g . first amendment Special re- lationship; e.g. parent, doctor Jus tertii standing exists only in exceptional cases Litigants typically have standing to assert only their own rights This is the problem with vagueness This is the problem with overbreadth Rights of third parties (not before the court) are violated because the overbroad statute improperly regulates their speech
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