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Old August 5, 2012, 08:38 PM   #21
Senior Member
Join Date: November 16, 2008
Posts: 1,180
Why does the plaintiff have to prove that the fees are excessive?

Under a heightened standard of review it is the government that must justify its actions.

The government must show what the government interest is and how the interest is furthered. (This is just generally, I know it's a little more complicated than that.

Assuming that the court would apply intermediate scrutiny using 1st amendment time, place, and manner decisions as a guide.

What is the important interest that NYC is asserting to justify the fee?

How does the fee substantially further that interest?
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