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Ep. 219: The First Amendment at the Supreme Court
So to Speak: The Free Speech Podcast
NetChoice cases start analysis - first up Facial Challenge explainer
Facial challenges are when a law is challenged on its own terms, asserting it is unconstitutional in all or too many applications violating expressive rights. The court does allow these challenges, although it's not their preferred method. In the NetChoice Decisions, the court stressed a rigorous process for facial challenges, particularly in a First Amendment context. The court remanded cases in Florida and Texas as the lower courts did not properly review the laws as facial challenges. It highlighted that a facial challenge questions the law in its entirety, not in the context of specific applications like on Instagram or TikTok.
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