Legal Definitions - Overbreadth

Overbreadth is a legal principle that describes a law or regulation written so broadly that it prohibits not only the specific harmful conduct it was designed to address, but also includes and restricts other, often constitutionally protected, activities that were not its intended target. When a law is deemed "overbroad," it means it sweeps too widely, capturing innocent or protected conduct alongside the harmful conduct it legitimately seeks to prevent.

Here are some examples to illustrate the concept of overbreadth:

• Example 1: Public Assembly and Speech

  Imagine a city passes an ordinance to prevent disruptive and violent protests, stating, "It is unlawful for any group of two or more persons to gather on public property and engage in any loud or boisterous activity, or to display any signs or banners, without a permit."

  This ordinance, while aiming to maintain public order, is likely overbroad. It could prohibit a wide range of constitutionally protected activities, such as a small group of friends having a lively conversation in a park, a peaceful religious procession, or even a quiet vigil holding informational signs, none of which are inherently disruptive or violent. The law's broad language sweeps in legitimate, protected assembly and speech alongside potentially disruptive behavior, thereby restricting more than is necessary to achieve its stated goal.

• Example 2: Online Content Regulation

  Consider a state legislature enacting a law to combat the spread of illegal gambling websites. The law broadly states, "Any website or online service that allows users to exchange money or virtual currency must implement a system to verify the age and identity of all users."

  While the intent to stop illegal gambling is valid, this law would be overbroad. It would inadvertently require legitimate online businesses like e-commerce platforms, crowdfunding sites, or even online games where users trade virtual items for real money (not gambling) to implement extensive age and identity verification systems. This places an undue burden on legitimate online commerce and communication, restricting activities far beyond the scope of illegal gambling.

• Example 3: School Dress Codes

  A school district, concerned about gang activity, implements a dress code policy that states, "Students are prohibited from wearing any clothing, accessories, or displaying any symbols that could be perceived as disruptive or associated with any group, club, or organization."

  This policy, while well-intentioned to ensure safety, is overbroad. It could inadvertently prohibit a student from wearing a t-shirt supporting a legitimate school club (like the chess club), a religious symbol, or even a specific brand of clothing that a gang might also wear, even if the student has no gang affiliation and the item is not inherently disruptive. The broad wording restricts a wide array of personal expression and association that is unrelated to the actual threat of gang activity or disruption.