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1st Amendment and Free Speech/profiling
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Question
Not long ago in this college lib a guard asked to see my id saying she was checking everyone's. But she didn't. She only checked mine. Isn't this discrimination or profiling?
Is it right or legal to single a person out and claim you "are doing your job?"
Hello,
First, please keep in mind that I cannot provide specific legal advice in this forum. Secondly, this is not a First Amendment issue. It is more of a Fourth Amendment Search and Seizure issue, if anything.
That said, I will say that a governmental authority cannot single out particular people or even people at random for heightened searches not applied to everyone. At least that is what the Supreme Court has held with regard to police stops. If you attend a public college, there could be a constitutional issue. If it is a private college, there could be a private discrimination issue.
If you want to pursue this, you may want to contact the ACLU to see if it is interested.
I hope this helps!
- Mike
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Answers by Expert:
Michael Troy
Expertise
I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.
Experience
As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.
I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.
Organizations
Former Attorney for Center for Individual Rights.
Publications
Washington Post
Washington Times
Education/Credentials
J.D. from Univ. of Michigan Law School
Awards and Honors
Truman Scholar
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