City of Seattle v. Webster

(concurring in part and dissenting in part)— This ordinance is overbroad without a narrowing construction. I concur in the majority's judgment on the other points raised. I write separately to urge a limiting construction and to expand on some points raised in the briefs.

I

Evaluation of an overbreadth claim requires the court to decide whether the ordinance before it sweeps within its prohibitions conduct protected by the First Amendment. See majority, at 640-41 (citing Seattle v. Huff, 111 Wn.2d 923, 925, 767 P.2d 572 (1989)). The First Amendment protects solicitation for charitable…