Vagueness and Overbreadth in University Regulations

Abstract

The terms vagueness and overbreadth appear frequently in recent student rights cases, and the two ideas they symbolize are fundamentally important in the developing field of campus law. What follows is an examination of vagueness and overbreadth as applied to university rules. In this regard a distinction will, if possible, be made between their meanings, and the two separate bases of constitutional infirmity expressed by the two words will be identified and differentiated. The opinions in recent student rights cases will be examined to see which term the court has utilized in each, and which of the two infirmities furnished the theory for attacking the rule.