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To: BenLurkin
The Constitution requires that laws regulating speech be "content neutral." You cannot apply different standards depending on the content of the banner (i.e., race motivated).

This also applies to prosecution. "Prosecutorial discretion" can not be so broad as to consistently apply different standards to favored content. If the Left routinely trespasses with their leaflets, flyers and banners (including race-motivated BLM banners), and are never prosecuted, but the Right is, that too violates the First Amendment.

But it would take expensive First Amendment lawyers to vigorously pursue such an avenue of defense. They'd have to engage in much discovery to show a pattern of discriminatory prosecution of banners, flyers, etc.

9 posted on 01/22/2023 8:42:07 AM PST by Angelino97
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To: Angelino97

Why would anyone want to defend these guys?


11 posted on 01/22/2023 8:45:45 AM PST by BenLurkin (The above is not a statement of fact. It is either opinion, or satire, or both.)
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