The Overbreadth Doctrine Of Vagueness Analysis

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When legislators draft and pass new laws, the laws are subject to scrutiny by the courts. One way the courts system may scrutinize new laws is by looking at the statute to determine if the law contains language that is too vague to be understood by the common man without much need for interpretation or that the law is not overbreadth (Hall, 2015). The overbreadth doctrine applies to laws that make a legal action or protected right illegal and they typically involve violating a right granted by The Bill of Rights. The vagueness doctrine may challenge a new law when the language within the law is written so loosely that it can be over applied to situation that the law was not intended to be used for or the illegal action is not clearly defined

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