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For anyone fammilar with the US legal system, would you need to be tried for breaking this law before you can challenge it in court (where you would be on the h

For anyone fammilar with the US legal system, would you need to be tried for breaking this law before you can challenge it in court (where you would be on the hook for criminal penalties), or can you proactivly challenge such laws without breaking them?

jellicle 14y ago
Depends! In some cases, you can make the claim that a certain law is so broad and clearly unconstitutional that it affects everyone and should be struck down. The courts may accept such a case or they may say, "no, doesn't look like that to us, wait until you have someone prosecuted under this law and then come back and argue about the specific case". http://en.wikipedia.org/wiki/Facial_challenge http://en.wikipedia.org/wiki/Facial_challenge