State v. Driscoll

Driscoll claims sec. 944.11 (1) and (2), Stats., is unconstitutional because of vagueness and overbreadth. We disagree. The test of vagueness of a penal statute is whether it gives reasonable notice of the prohibited conduct to those who would avoid its penalties. The test of overbreadth is whether the language of the section is so broad as to discourage conduct expressly protected by the constitution, i.e., conduct the state has no right to prohibit. Connelly v. General Construction Co. (1926), 269 U. S. 385, 46 Sup. Ct. 126, 70 L. Ed. 322, is often quoted for the void-for-vagueness rule.…