Overbreadth Doctrine

/ˈoʊvərˌbrɛdθ ˈdɒktrɪn/

Definitions

  1. (n.) A legal principle invalidating laws that are so broadly written they restrict constitutionally protected rights, especially freedom of speech, beyond what is necessary to achieve a legitimate governmental interest.
    The court struck down the statute under the overbreadth doctrine because it infringed on free speech rights excessively.

Forms

  • overbreadth doctrine

Commentary

The overbreadth doctrine is applied primarily in constitutional law to prevent laws that deter protected expression by being overly expansive; drafters should narrowly tailor statutes to avoid such invalidation.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

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