“ The dissent argued that Oakes' conduct did not constitute speech for First Amendment purposes: "Soliciting, causing, or encouraging, or permitting a minor to pose for photographs is no more speech than is setting a house afire in order to photograph a burning house." Id., at 610, 518 N.E.2d, at 841. The dissent also argued that even if the "nudity" portion of § 29A was overbroad, that portion should have been severed from the remainder of the statute. ”

“ Overbreadth doctrine has wide-ranging effects, for a statute found to be substantially overbroad is subject to facial invalidation. We have therefore referred to overbreadth as "manifestl [y] strong medicine" that is employed "sparingly, and only as a last resort." ”

“ We have dismissed state court cases rather than vacate and remand them, but only in situations where no state or federal claim remained once the particular claim before us became moot, thereby making a remand unnecessary. ”

“ Massachusetts has not asked us to consider Oakes' as-applied challenge to the former version of § 29A in its petition for certiorari, and we took the case to decide the overbreadth question alone. When the sole question on which we granted certiorari has become moot, our usual course, in cases coming to us from state courts when part of the dispute remains alive, is to vacate the judgment below and remand for further proceedings. ”