2257 Found Overbroad!?!?

[KevinG]

My friend Jeff from cszlaw.com said this:

I scanned the opinions pretty briefly, but the last judge (concurring in part, dissenting in part) thinks the majority could have excised the unconstitional parts and left the rest intact. What he fails to recognize, as has been said many times here and elsewhere before, is (1) the Tracy Lords justification is a red herring. She HAD IDENTIFICATION that showed she was legal. This statute would have done nothing to alert the producers, in that case, or the justice department that anything was amiss. Quite the contrary, it would have confirmed that she was of age; and (2) the overbreadth of the statute due to its chilling effect could also be applied to the penalties, not just the speech to be regulated. Five years in jail EVEN IF you prove later that the person in question was 18, or even a very young looking 35 year old, and thus come completely outside the conduct sought to be prohibited justifying the statute in the first place.