Legal Memorandum: Distinction Between Facial and As-applied Challenge

Issue: What is the distinction between a constitutional challenge of a law ‘facially’ and ‘as applied’?

“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 (10^th Cir. 2005).

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