What is the scope of the First Amendment overbreadth doctrine?

California, United States of America


The following excerpt is from Young v. Municipal Court, 16 Cal.App.3d 766, 94 Cal.Rptr. 331 (Cal. App. 1971):

Where an enactment is attacked on First Amendment grounds, the court is not limited to examination of the application involved in the particular case, but may consider all possible applications of the statute. (Canon v. Justice Court (1964) 61 Cal.2d 446, 450, 39 Cal.Rptr. 228, 393 P.2d 428; see also, Kunz v. New York (1951) 340 U.S. 290, 71 S.Ct. 312, 95 L.Ed. 280; Note, The First Amendment Overbreadth Doctrine, 83 Harv.L.Rev. 844.)

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