Facial challenge versus as applied legal
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Poster for Class of '74, the film that led to Erznoznik's arrest. The Doctrine of Vagueness. Coates v Cincinnati Keyishian v Board of Regents Introduction First Amendment challenges can be grouped into two general categories: as applied challenges and facial challenges.
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It is contrasted with an as-applied challenge , which alleges that a particular application of a statute is unconstitutional. If a facial challenge is successful, a court will declare the statute in question facially invalid , which has the effect of striking it down entirely. This contrasts with a successful as-applied challenge, which will result in a court narrowing the circumstances in which the statute may constitutionally be applied without striking it down.
A facial challenge contends that a government law, rule, regulation, or policy is unconstitutional as written — that is, on its face. This challenge differs from an as-applied challenge in that it invalidates a law for everyone — not just as that law is applied to the particular litigant challenging it. A facial challenge often asserts that a law is either unconstitutionally overbroad or unconstitutionally vague. A First Amendment facial challenge asserting overbreadth contends that the law sweeps too far and prohibits expression that should be protected, in addition to expression that can be proscribed.
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