What is Overbreadth of a Law?

An overbroad law is one that affects or regulates more conduct than is intended to be regulated by the statute or regulation.

A law that affects an individual's freedom of speech potentially violates the individual's rights under the 1st Amendment. 

This is the case when a law is overbroad. That is, it affects or limits more speech than is originally intended when passing the law.

How do determine if a law is over overbroad?

To pass constitutional muster, the government must have a compelling interest in passing a law regulating free speech. 

The law is deemed overly broad if, in the process of regulating unprotected speech, it negatively impacts protected speech that was not intended. 

In this way, it affects more speech than is necessary to achieve the government's compelling interest. 

While the law may be constitutional in some applications, the possibility that it could negatively affect the protected free speech means that it is unconstitutional.

• Example: A state passes a law that restricts individuals from urging support for a political candidate at a polling location. The purpose of the statute is to prevent undue pressure on individuals in exercising their right to vote. The statute, however, is likely too broad in that it could prohibit individuals from having casual conversations about their voting activity. As such, the law would have to be more narrowly tailored for it not to violate 1st Amendment protections.

Related Concepts

• What is the 1st Amendment?
• What are the Establishment Clause and Free Exercise Clause
• How does freedom of religion affect business practice?
• What is the protection of Freedom of Speech?
• Speech with Limited or No Protection
• What is Obscene Speech?
• What are Fighting Words?
• What is Commercial Speech?
• What is Defamation?
• What is Political Speech?
• Freedom of the Press
• Freedom of Assembly