Issue: What is the distinction between a constitutional challenge of a law ‘facially’ and ‘as applied’?
Area of Law:
A facial challenge; An as-applied challenge; First Amendment challenges
423 F.3d 1192
“Two types of First Amendment challenges may be made against the statute, i.e. facial and as applied. A facial challenge considers the restriction as a whole, while an as-applied challenge tests the application of that restriction to the facts of a plaintiff’s concrete case.” Faustin v. City and County of Denver, CO, 423 F.3d 1192, 1196 (10th Cir. 2005).
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