100 skepticism about that longstanding framework. Noting that past “holdings squarely contradict the theory that a vague provision is constitutional merely because there is some conduct that clearly falls within the provision’s grasp,” the Court described the “supposed requirement of vagueness in all applications” as a “tautology.” Id. at 2561. We need not decide the full implications of Johnson, because we conclude that the General Conduct Rule satisfies due process requirements even if we do not apply Hoffman’s elevated bar for facial challenges. Vagueness doctrine addresses two concerns: “first, that regulated parties should know what is required of them so they may act accordingly; second, precision and guidance are necessary so that those enforcing the law do not act in an arbitrary or discriminatory way.” Fox Television, 132 S. Ct. at 2317. Petitioners argue that the General Conduct Rule is unconstitutionally vague because it fails to provide regulated entities adequate notice of what is prohibited. We are unpersuaded. Unlike the circumstances at issue in Fox Television, id. at 2317–18, the Commission here did not seek retroactively to enforce a new policy against conduct predating the policy’s adoption. The General Conduct Rule applies purely prospectively. We find that the Rule gives sufficient notice to affected entities of the prohibited conduct going forward. The degree of vagueness tolerable in a given statutory provision varies based on “the nature of the enactment.” Hoffman Estates, 455 U.S. at 498. Thus, “the Constitution is most demanding of a criminal statute that limits First Amendment rights.” DiCola v. FDA, 77 F.3d 504, 508 (D.C. Cir. 1996). The General Conduct Rule does not implicate that form of review because it regulates business conduct and imposes civil penalties. In such circumstances, “regulations

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