Can overbreadth in the public employment sphere raise First Amendment questions?
MultiRegion, United States of America
The following excerpt is from Janusaitis v. Middlebury Volunteer Fire Dept., 607 F.2d 17 (2nd Cir. 1979):
While the problem of overbreadth in the public employment sphere can raise First Amendment questions, See Shelton v. Tucker, 364 U.S. 479, 81 S.Ct. 247, 5 L.Ed.2d 231 (1960), it does not necessarily require the same remedy as overbreadth in criminal statutes . . . . Deterrence of legitimate speech must be minimized by proper application of the prohibition to activity not protected by the First Amendment.
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