Philippine Bar review · Question

Practice question: Facial Challenges and Overbreadth Doctrine

Multiple Choice Easy

Practice question

How does a facial speech challenge differ from a challenge limited to the law's application to the claimant?
  1. A facial challenge concerns only the claimant's unique completed act.
  2. A facial challenge examines the law's wider reach, including its potential chilling effect on protected expression of persons not before the court.
  3. A facial challenge can be filed only by the law's author.
  4. An as-applied challenge can never involve constitutional rights.
  5. The two labels always mean exactly the same thing.

Legal references

  • Calleja v. Executive Secretary, G.R. No. 252578 et al., December 7, 2021, main decision, facial challenges and speech-related scope: https://lawphil.net/judjuris/juri2021/dec2021/gr_252578_2021.html

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