What is the test for determining whether a section of legislation is facially invalid if it prohibits a substantial amount of speech?

California, United States of America


The following excerpt is from Concerned Dog Owners of v. City of Los Angeles, B218003 (Cal. App. 2011):

Under the First Amendment overbreadth doctrine, "an [ordinance] is facially invalid if it prohibits a substantial amount of protected speech." (United States v. Williams (2008) 553 U.S. 285, 292 [128 S.Ct. 1830, 170 L.Ed.2d 650].) "[W]e have vigorously enforced the requirement that an [ordinance]'s overbreadth be substantial, not only in an absolute sense, but also relative to the statute's plainly legitimate sweep. (Ibid.)

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