First Amendment Always Blocks Any Association Penalty
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
14287_psalm_choir_teacher_license · CONSTITUTIONAL_LAW · Choice ANo, because the Constitution does not apply to state professional licensing.
Why it's attractive
The state education board is the actor. That visible state actor makes the First Amendment relevant.
Why it's wrong
The state education board is the actor. That visible state actor makes the First Amendment relevant.
14287_psalm_choir_teacher_license · CONSTITUTIONAL_LAW · Choice CNo, because membership in a subversive organization counts as endorsement of the group's illegal activities.
Why it's attractive
The stem gives no fact that Lydia intended to further illegal aims.
Why it's wrong
The stem gives no fact that Lydia intended to further illegal aims.
14287_psalm_choir_teacher_license · CONSTITUTIONAL_LAW · Choice DYes, because denying a state license based on any association with a subversive organization violates the First Amendment.
Why it's attractive
The word 'any' erases the specific-intent exception.
Why it's wrong
The word 'any' erases the specific-intent exception.
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