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Accreditation Creates Constitutional Liability

This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”

Subject distribution

  • Constitutional Law1

Example wrong choices

  • 14237_harvest_table_radio_segment · CONSTITUTIONAL_LAW · Choice ANo, because the state's accreditation and partial funding of the institute are sufficient to make the state an active participant in Mary's discharge.

    Why it's attractive

    The choice treats real state contacts as enough even though the firing itself has no state link.

    Why it's wrong

    The choice treats real state contacts as enough even though the firing itself has no state link.

  • 14237_harvest_table_radio_segment · CONSTITUTIONAL_LAW · Choice BNo, because the U.S. Constitution provides a cause of action against any state-accredited school that restricts freedom of speech as a condition of employment.

    Why it's attractive

    The word any creates an overbroad bridge from accreditation to a constitutional lawsuit.

    Why it's wrong

    The word any creates an overbroad bridge from accreditation to a constitutional lawsuit.

  • 14237_harvest_table_radio_segment · CONSTITUTIONAL_LAW · Choice DYes, because the First and Fourteenth Amendments affirmatively protect the institute's right to employ only instructors who share and communicate its views.

    Why it's attractive

    It grants the motion but changes the reason from Mary's missing state action to an affirmative right for the institute.

    Why it's wrong

    It grants the motion but changes the reason from Mary's missing state action to an affirmative right for the institute.

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Practice questions using this trap →
Accreditation Creates Constitutional Liability — Trap Taxonomy | BarMatrix