Randy J. Kozel (Notre Dame Law School) has posted Overbreadth, Facial Validity, and the Nature of First Amendment Rights (76 Duke L.J. 181 (2026)) on SSRN. Here is the abstract:
The doctrine of First Amendment overbreadth instructs judges to treat certain statutes as unenforceable even if they have lawful applications. The theory is that if a statute restricts too much protected speech, it is invalid on its face. The fact that it has some lawful applications will not save it.
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