Cite as: 603 U. S. ____ (2024)
13
ALITO, J., concurring in judgment
II
NetChoice contends that the Florida and Texas statutes
facially violate the First Amendment, meaning that they
cannot be applied to anyone at any time under any circumstances without violating the Constitution. Such challenges are strongly disfavored. See Washington State
Grange, 552 U. S., at 452. They often raise the risk of
“ ‘premature interpretatio[n] of statutes’ on the basis of factually barebones records.” Sabri v. United States, 541 U. S.
600, 609 (2004). They clash with the principle that courts
should neither “ ‘anticipate a question of constitutional law
in advance of the necessity of deciding it’ ” nor “ ‘formulate
a rule of constitutional law broader than is required by the
precise facts to which it is to be applied.’ ” Ashwander v.
TVA, 297 U. S. 288, 346–347 (1936) (Brandeis, J., concurring). And they “threaten to short circuit the democratic
process by preventing laws embodying the will of the people
from being implemented in a manner consistent with the
Constitution.” Washington State Grange, 552 U. S., at 451.
Facial challenges also strain the limits of the federal
courts’ constitutional authority to decide only actual
“Cases” and “Controversies.” Art. III, §2. “[L]itigants typically lack standing to assert the constitutional rights of
third parties.” United States v. Hansen, 599 U. S. 762, 769
(2023). But when a court holds that a law cannot be enforced against anyone under any circumstances, it effectively grants relief with respect to unknown parties in disputes that have not yet materialized.
For these reasons, we have insisted that parties mounting facial attacks satisfy demanding requirements. In
United States v. Salerno, 481 U. S. 739, 745 (1987), we held
that a facial challenger must “establish that no set of circumstances exists under which the [law] would be valid.”
“While some Members of the Court have criticized the Salerno formulation,” all have agreed “that a facial challenge
must fail where the statute has a “ ‘plainly legitimate
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