Legal Definitions - Vague

In legal terms, something is considered vague when its meaning is unclear, imprecise, or difficult to understand. This often applies to the language used in laws, regulations, contracts, or court orders. When a legal provision is vague, it lacks the specificity needed for individuals to know what is expected of them or what conduct is prohibited.

The concept of vagueness is particularly significant in constitutional law, where a statute can be declared "void for vagueness." This means the law is unenforceable because its wording is so ambiguous that it violates fundamental principles of fairness and due process. This typically occurs for two main reasons:

• Lack of Fair Notice: A vague law fails to give ordinary people reasonable notice of what conduct is forbidden or required. If people cannot understand what specific actions are illegal, they cannot adjust their behavior to comply with the law.
• Risk of Arbitrary Enforcement: Vague laws can grant excessive discretion to law enforcement officers, judges, or government agencies. This allows them to interpret and apply the law based on personal biases or inconsistent standards, leading to arbitrary, discriminatory, or unpredictable enforcement.

Here are some examples illustrating the concept of vagueness:

• Example 1: A City Ordinance on Public Conduct

  Imagine a city passes an ordinance stating, "It is unlawful to engage in any disruptive activity in public parks."

  This ordinance is likely vague because the term "disruptive activity" is highly subjective and undefined. What one person considers disruptive (e.g., playing a musical instrument, having a loud conversation, children running) another might not. Because the law does not clearly specify what actions are prohibited, individuals do not have fair notice of what conduct could lead to a penalty. This also gives police officers broad discretion to decide what constitutes "disruptive activity," potentially leading to arbitrary enforcement based on personal judgment rather than clear legal standards.

• Example 2: A State Regulation for Businesses

  Consider a state regulation that allows a licensing board to revoke a professional license for "unprofessional conduct or any behavior that brings discredit to the profession."

  This regulation is vague because "unprofessional conduct" and "behavior that brings discredit" are broad and undefined terms. Professionals cannot reasonably know which specific actions or omissions might lead to the loss of their license. This lack of clarity means they don't have fair notice of the standards they must meet. Furthermore, it grants the licensing board significant power to interpret these terms, potentially leading to inconsistent decisions or arbitrary revocation of licenses based on the board's subjective views rather than objective criteria.

• Example 3: A Federal Statute on Technology Use

  Suppose a new federal law makes it a crime to "use technology in a manner that could potentially harm national security."

  This statute is extremely vague. Almost any use of technology, from sending an email to browsing a website, could theoretically be argued to "potentially harm national security" under some interpretation. Individuals would have no clear guidance on what specific technological activities are prohibited, making it impossible to comply (lack of fair notice). Moreover, it would give law enforcement and prosecutors immense, unchecked power to decide which technological uses to investigate and prosecute, creating a high risk of arbitrary enforcement and chilling legitimate activities.