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)
Library Connections
- Elevating a single case holding to a principle causes improper legal breadth.
#complicates(0.40) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 136
Broader Connections
- Laws criminalizing conduct shielded by fundamental rights are unconstitutional
#corroborates(0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1403 - Literal application of legal rules sometimes produces absurd against-purpose outcomes
#expands(0.50) — Frederick Schauer, Thinking Like a Lawyer, 284 - Avoiding unjust legal outcomes has multiple distinct mechanisms, not just interpretation
#expands(0.40) — Frederick Schauer, Thinking Like a Lawyer, 693