Overbreadth Doctrine
What does "Overbreadth Doctrine" mean in law?
The overbreadth doctrine allows a court to invalidate a law that prohibits not only unprotected expression but also a substantial amount of constitutionally protected speech. It is an exception to normal standing rules, permitting a party to challenge a law even if their own conduct is not constitutionally protected, based on the law's chilling effect on others. The overbreadth must be substantial in relation to the law's legitimate sweep. Courts prefer to use narrowing constructions to save statutes before striking them as overbroad.
Definition
The overbreadth doctrine allows a court to invalidate a law that prohibits not only unprotected expression but also a substantial amount of constitutionally protected speech. It is an exception to normal standing rules, permitting a party to challenge a law even if their own conduct is not constitutionally protected, based on the law's chilling effect on others. The overbreadth must be substantial in relation to the law's legitimate sweep. Courts prefer to use narrowing constructions to save statutes before striking them as overbroad.
Example
A university bans all 'offensive' speech. This is overbroad because it sweeps in constitutionally protected speech along with the limited categories of unprotected speech.