If a regulation of speech is found to be overbroad, but judged in relation to its plainly legitimate sweep it does not prohibit a substantial amount of protected speech, may it be enforced?

Question

Social Studies

Alicia

16 February, 18:57

If a regulation of speech is found to be overbroad, but judged in relation to its plainly legitimate sweep it does not prohibit a substantial amount of protected speech, may it be enforced?

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Answers (1)

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Diana Schmitt · Answer 1

Answer: A. Yes, but only against persons engaging in activities that are not constitutionally protected

Explanation:

Here are the options to the question

a. Yes, but only against persons engaging in activities that are not constitutionally protected

B Yes, against anyone because it does not prohibit a substantial amount of unprotected speech

C No, because it is unconstitutional

D No, because it is overbroad, but judged in relation to its plainly legitimate sweep