Massachusetts v. Oakes - Dissension In The Court

The Supreme Court justices disagreed on just about every aspect of the case. Some wanted to remand Oakes back to a lower court; others disagreed. Some considered the original Massachusetts statute overbroad; others thought the original law was perfectly appropriate. The one question that won a majority of the Court was the issue of overbreadth. Five justices could agree that in order to preserve our constitutional freedoms, defendants had to be able to object to a law not just because it restricted them, but also because it might have a chilling effect on others.

The result of this agreement is that legislatures now have to be more careful not to write overly broad laws. They must take more trouble to respect everyone's constitutional rights, especially First Amendment rights to free speech. That respect for rights is the most important legacy of Massachusetts v. Oakes.