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Latin. Law arises out of fact; that is, its application must be to facts. The law springs from the fact; law is born of fact.


The simple fact is that First Amendment questions of 'constitutional fact' compel this Court's de novo review. See Edwards v. South Carolina, 372 U. S. 229, 372 U. S. 235 (1963); Blackburn v. Alabama, 361 U. S. 199, 361 U. S. 205 n. 5 (1960).' Rosenbloom v. Metromedia, 403 U. S. 29, 403 U. S. 54 (1971) (opinion of BRENNAN, J., joined by BURGER, C.J., and BLACKMUN, J.). See generally Adams v. Tanner, 244 U. S. 590, 244 U. S. 600 (1917) (Brandeis, J., dissenting) ('Ex facto jus oritur. That ancient rule must prevail in order that we may have a system of living law'). 

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