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Sure, but we have obvious "chilling effects" when a law is explicitly written to combat a specific recently witnessed fact pattern, and the law is unconstitutio
by trhtrsh 14y ago
Sure, but we have obvious "chilling effects" when a law is explicitly written to combat a specific recently witnessed fact pattern, and the law is unconstitutional not only in some theoretical future fact pattern, but also in its well-documented primary intent.
- DannyBee 14y agoThe argument here is that then it should be pretty easy to find a person it is impacting, and then it's no longer a facial challenge, but an as-applied one.