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In order to prevail on a cause of action that challenges a statute for being facially unconstitutional a party must establish that there is no set of circumstances under which the statute may be constitutionally applied. Williams v. Pryor, 240 F.3d 944, 953 (11th Cir. 2001). 'This 'heavy burden' makes such an attack 'the most difficult challenge to mount successfully' against an enactment.' Horton v. City of St. Augustine, Fla., 272 F.3d 1318, 1329 (11th Cir. 2001) (citation omitted). 


Facial invalidation 'is, manifestly, strong medicine' that 'has been employed by the Court sparingly and only as a last resort.' Broadrick v. Oklahoma, 413 U. S. 601, 613 (1973); see also FW/PBS, Inc. v. Dallas, 493 U. S. 215, 223 (1990) (noting that 'facial challenges to legislation are generally disfavored'). To prevail, the parties must demonstrate a substantial risk that application of the alleged invalid provisions will lead to the suppression of speech. See Broadrick, supra, at 615. 


In cases where the court has struck down legislation as facially unconstitutional, the dangers were both evident and substantial. In R. A. v: v. St. Paul, 505 U. S. 377 (1992), for example, ...

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