{"id":30893,"date":"2024-07-25T15:27:06","date_gmt":"2024-07-25T20:27:06","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/amendment1\/overbreadth-and-vagueness.html"},"modified":"2024-07-25T16:01:14","modified_gmt":"2024-07-25T21:01:14","slug":"overbreadth-and-vagueness","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/amendment1\/overbreadth-and-vagueness.html","title":{"rendered":"Overbreadth and Vagueness"},"content":{"rendered":"\n
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Overbreadth and Vagueness<\/h1>\n
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\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Edward Maggio, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Laws that violate the First Amendment right to free speech are unconstitutional, and challenges to these restrictions can take several forms. Restrictions that are overbroad regulate more speech than intended or allowed by the Constitution. Meanwhile, vague statutes are so difficult to understand that they have a chilling effect on speech. <\/p>\n\n <\/div>\n\n

The free speech clause of the First Amendment<\/a> to the U.S. Constitution<\/a> reads:<\/p>\r\n

\u201cCongress shall make no law\u2026abridging the freedom of speech."<\/i><\/p>\r\n

The First Amendment generally protects us from government intrusion upon the right to free speech. The U.S. Supreme Court<\/a> has also interpreted this right to encompass free expression in conduct and other forms.<\/p>\r\n

But, this freedom is not absolute. Several circumstances exist where speech and expression can be regulated or restricted by the government. In such cases, the restrictions must be consistent with the Supreme Court\u2019s interpretation of the First Amendment and the Constitution.<\/p>\r\n

What Is Protected Speech?<\/h2>\r\n

As a general rule, the First Amendment protects all types of expression except for those that the Supreme Court has categorized as unprotected speech.<\/p>\r\n

The Court has held that the following types of speech are unprotected:<\/p>\r\n