Overbroad statutes are tainted when prohibiting both protected and criminal conduct

Evidence

Appellants’ contention that the statute is overbroad is founded on the general rule that a statute is tainted if the conduct it prohibits includes protected activity as well as criminal conduct. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 844

Categorization

  • corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 844
  • XREF: connects to: Laws criminalizing conduct shielded by fundamental rights are unconstitutional — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1403; Elevating a single case holding to a principle causes improper legal breadth. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 136; Literal application of legal rules sometimes produces absurd against-purpose outcomes — Frederick Schauer, Thinking Like a Lawyer, 284 (+6 more)

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Broader Connections