Tennessee has just been reminded, LevinsonJessica writes, that it can't pass laws targeting certain speakers or messages.
was passed overwhelmingly by both houses of the state Legislature and signed by Republican Gov. Bill Lee. But there are situations in which lawmakers pass, and a governor signs, a law that no judge, regardless of their judicial philosophy, can seriously think is constitutional.
Imagine, for instance, a law that is so vague that it’s impossible to say what types of activities violate that law. Envision another law that is so overbroad that it attempts to outlaw conduct that is legal. And finally, conjure up yet another law that burdens one of our most dearly protected liberties, the freedom of speech. Now combine all three and you haveSometimes a law is so blatantly unconstitutional that it doesn’t matter who the judge reviewing that law is.
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