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Source Freedom of Speech Freedom of Speech Matched to this deck.

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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. The parties disagree about the legal effect of those facts. How is the court most likely to rule?

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Import a rule from a nearby issue instead of applying the rule triggered by these facts. 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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