Question: Fact Pattern/Question State B has a public park statute that permits cities to enact ordinances allowing political literature to be distributed in designated areas within

Fact Pattern/Question

State B has a public park statute that permits cities to enact ordinances allowing political literature to be distributed in designated areas within a public city park. The material is allowed to be handed out so long as it is not threatening, inciting violence, or defamatory. Citizen Greene passes out "Make America Great Again" (MAGA) pamphlets while Citizen Blue passes out pamphlets denouncing President Trump's policies.

Park security informs Blue that she must stop distributing her pamphlets as they are defamatory and potentially a cause for inciting violence within the park. Blue objects and is forcibly removed from the park, whereas Greene is allowed to continue to distribute her literature in favor of Trump, and his policies.

Discuss the equal protection Issues.

Issue statement:

Has Park security, with the blessing of park officials, violated the Equal Protection Clause?

Legal Standards/Rule Statement:

Equal protection applies when the government treats similarly situated people differently. There is a potential equal protection claim here because the City Park Security appears to be treating opposing political parties differently based upon viewpoint differences. Government action that intentionally discriminates against a person exercising a fundamental right is subject to strict scrutiny. Here, the fundamental right of "freedom of speech" is being prohibited by Park Security towards citizen Blue.

What would be a good analysis here?

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