ND Bar Practice Questions - North Dakota Bar Examination Exam

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A city enacts an ordinance authorizing officials to grant or deny parade permits based on whether the proposed event serves 'the public interest,' without further standards. A group denied a permit challenges the ordinance facially. The ordinance is most vulnerable on which ground?

It is a valid time, place, and manner regulation It is permissible because parades occur in public forums It vests unbridled discretion in officials, allowing content discrimination, and is an unconstitutional prior restraint It is valid because the city has a legitimate interest in public safety

Correct Answer:

It vests unbridled discretion in officials, allowing content discrimination, and is an unconstitutional prior restraint

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