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Source Candor to Tribunal South Dakota Bar Exam Topic Index Showing the closest available flashcard practice.

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A person affected by government action files suit and challenges the legal basis for that action. Officials imposed a permit fee after predicting hostile counterprotesters. A party invokes an equitable or discretionary remedy after contributing to the problem. The parties disagree about the legal effect of those facts. Which option gives the best analysis?

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Assume the doctrine applies because one element appears satisfied, even if the remaining elements are contested. Resolve the dispute on equitable fairness alone without identifying the governing doctrine or its limits. The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Freedom of Speech and apply it to the operative facts. Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument.

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