Los Angeles Police Dept. v. United Reporting Publishing Corp., 528 U.S. 32, 7 (1999)

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38

LOS ANGELES POLICE DEPT. v. UNITED REPORTING PUBLISHING CORP.

Opinion of the Court

face, and respondent maintains that position here. But we believe that our cases hold otherwise.

The traditional rule is that "a person to whom a statute may constitutionally be applied may not challenge that statute on the ground that it may conceivably be applied unconstitutionally to others in situations not before the Court." New York v. Ferber, 458 U. S. 747, 767 (1982) (citing Broad-rick v. Oklahoma, 413 U. S. 601, 610 (1973)).

Prototypical exceptions to this traditional rule are First Amendment challenges to statutes based on First Amendment overbreadth. "At least when statutes regulate or proscribe speech . . . the transcendent value to all society of constitutionally protected expression is deemed to justify allowing 'attacks on overly broad statutes with no requirement that the person making the attack demonstrate that his own conduct could not be regulated by a statute drawn with the requisite narrow specificity.' " Gooding v. Wilson, 405 U. S. 518, 520-521 (1972) (quoting Dombrowski v. Pfister, 380 U. S. 479, 486 (1965)). "This is deemed necessary because persons whose expression is constitutionally protected may well refrain from exercising their right for fear of criminal sanctions provided by a statute susceptible of application to protected expression." Gooding v. Wilson, supra, at 520-521. See also Thornhill v. Alabama, 310 U. S. 88 (1940).

In Gooding, for example, the defendant was one of a group that picketed an Army headquarters building carrying signs opposing the Vietnam war. A confrontation with the police occurred, as a result of which Gooding was charged with " 'using opprobrious words and abusive language . . . tending to cause a breach of the peace.' " 405 U. S., at 518-519. In Thornhill, the defendant was prosecuted for violation of a statute forbidding any person to " 'picket the works or place of business of such other persons, firms, corporations, or associations of persons, for the purpose of hindering, delay-

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