Vagueness & Overbreadth
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether the regulation is unconstitutionally vague or overbroad.
Analysis
R: Law that are (1) vague or (2) overbroad are impermissible for fear that constitutionally protected speech will be chilled. Further, vague laws fail to satisfy the due-process requirement of notice.
1. Vagueness
R: A statute is unconstitutionally vague if it (1) fails to provide a person of ordinary intelligence with clear notice of what is prohibited; or (2) encourages arbitrary or discriminatory enforcement by not providing explicit standards for enforcement.
A: Here, apply rules to facts].
2. Overbreadth
R: A law is unconstitutionally overbroad if it burdens a substantial amount of constitutionally protected speech or conduct relative to its legitimate scope. The standard requires two components: (1) substantial overbreadth in an absolute sense, where the law restricts a large volume of protected activities, and (2) substantial overbreadth relative to its legitimate reach, where the law’s impact on protected activities outweighs its valid applications.
A: Here, [apply rules to facts].
Conclusion
C: Therefore, the regulation [is/is not] unconstitutionally [vague/overbroad].
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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