American Constitutionalism in Historical Perspective (packet)

Limitations to the overbreadth doctrine

1. 
   Broadrick v. OK, 1973: D convicted under statute that forbids engaging in political activities on the job. Court decides to invalidate the statute as applied to D only b/c don’t want it to apply to those wearing political pins. Realize Congress had a rational basis for the legislation, should stay in place. Not substantially overbroad b/c there are a lot of applications that are constitutional. Gov’t has legitimate desire to limit partisan political involvement in civil service jobs (pressure from bosses to be part of their politics).
   

Offensive Speech in Public Places (pp. 1076-1091, 1109-1125)

Unprotected speech: can tolerate censorship	Protected
Fighting words: extend into action domain—narrowed	No Prior Restraints: licensing (all forms are usually unconstitutional)
Libel/defamation of privacy—only individual now protected	After the fact: use of criminal or civil remedies/prosecution (narrowed) Criminal remedies struck down except Feiner
Obscenity: narrowed
Advertising: now protected

1. 
   Action v. Speech: higher scrutiny for speech, those that find speech offensive try to squeeze it into the action category so that it receives a lower level of scrutiny.
   
2.