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Doctrines Political Law

What is Overbreadth Doctrine?

“The doctrine of overbreadth applies generally to statutes that infringe upon freedom of speech.” – Justice Kapunan, in his dissenting opinion on Estrada vs Sandiganbayan, G.R. No. 148560, November 2001

“The application of the overbreadth doctrine is limited to a facial kind of challenge and, owing to the given rationale of a facial challenge, applicable only to free speech cases.” – Southern Hemisphere Engagement Network, Inc. Cs Anti Terrorism Council, 632 SCRA 146

“The overbreadth and the vagueness doctrines have special application only to free-speech cases,” and are “not appropriate for testing the validity of penal statutes.” – Romualdez vs. Sandiganbayan, G.R. No. 152259, July 2004

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