Oct. 23, 2023
This proposed rule change is a overbreadth doctrine in law. Overbreadth doctrine refers to when a statute or regulation prohibiting certain conduct is deemed excessively broad, infringing on constitutional rights such as free speech. Some key aspects: It derives from the First Amendment regarding freedom of speech and expression. A law can be struck down as overbroad if it regulates substantially more speech than the Constitution allows to be regulated. The concern is that overbroad laws/rules will have a chilling effect - stopping people from engaging in lawful, constitutionally protected speech and behavior out of caution. Plaintiffs can challenge a law as facially overbroad (overbroad in all applications) without needing to demonstrate that their specific conduct is protected. It contrasts with vagueness doctrine, which focuses on laws being too unclear. Overbreadth is about laws that are too sweeping. It applies even if the law serves legitimate goals - if it's more broad than "necessary" to achieve those goals, it can still be overbroad. The overbreadth doctrine aims to constrain laws from excessively limiting freedoms of speech and lawful conduct. It's a way for courts to rein in regulatory overreach. But it's a complex balancing act for policymakers to craft regulations that are neither too broad nor too narrow in scope. Sent with Proton Mail secure email.