City of Eugene v. Lincoln

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that a facial challenge asserts that the legislative enactment itself violated the constitution, whereas an as-applied challenge asserts that an executive action under that law violated the constitution
• explaining that a facial challenge asserts that the legislative enactment itself violated the constitution, whereas an as-applied challenge asserts that an executive action under that law violated the constitution
• “A facial challenge asserts that lawmakers violated the constitution when they enacted the ordinance; an as-applied challenge asserts that executive officials * * * violated the constitution when they enforced the ordinance.”
• “A facial challenge asserts that lawmakers violated the constitution when they enacted the ordinance; an as-applied challenge asserts that execu- tive officials, including police and prosecutors, violated the constitution when they enforced the ordinance.”
• explain- ing that “[a] facial challenge asserts that lawmakers vio- lated the constitution when they enacted the ordinance; an as-applied challenge asserts that executive officials, including police and prosecutors, violated the constitution when they enforced the ordinance”
• “We must therefore decide, in this as-applied challenge, whether the city’s enforcement of the criminal trespass statute against defendant had as its objective the prevention of some harm within its power to prevent or whether its objective was to prevent protected speech.”

Source: CourtListener parenthetical corpus (CC0).