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Re: Government shows its hand...good news!

"James S. Tyre" writes:

: Tim May is correct (as is Declan's clarification of his earlier note). 
: If the amendment does become law, however, do not expect two things:
: . . . .
: 2.  Do not expect that a case will involve a broad coalition of
: plaintiffs, as was the case with the CDA.  Expect that the courts will
: only entertain an action by a plaintiff with traditional standing:  one
: who goes through all of the bureaucratic hoops trying to get a license,
: and then is turned down.

There would, undoubtedly, have to be some showing of standing, but
that would not require going through the bureaucratic hoops of trying
to get a license _if_ the denial of a license is not reviewable under
the APA, and perhaps not even then.  It is the requirement that one
get a license, not the denial of the license, that is a prior
restraint in violation of the First Amendment and if a licensing
scheme on speech is to be upheld it must provide for prompt judicial
review.  (And normally providing judicial review is not enought to
get around the prior restraint challenge.)  

Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
 EMAIL: [email protected]    URL:  http://samsara.law.cwru.edu   
     NOTE: [email protected] no longer exists