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October 15, 2008

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Bryan Hart

The freedom of mobility in this country may be such a strong background principle that it defines the relevant community for the First Amendment inquiry; in other words, the relevant community when evaluating a school's policy is not the school district but the entire country because anybody could move to that school district. If so, the equality principle is saved from McAdams's second example. The chance that the entire country is homogeneous is so remote it can be ignored, and if the country was homogeneous, the First Amendment would be superfluous anyway.

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