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Hmm... forgive my ignorance, but do they have the right to not issue a badge to anyone based on occupation? Sounds like discrimination. Hope they don't sue. ;)
by fixxer 13y ago
Hmm... forgive my ignorance, but do they have the right to not issue a badge to anyone based on occupation? Sounds like discrimination. Hope they don't sue. ;)
- nknighthb 13y agoDefcon is not a government entity, it has freedom of association rights, and law enforcement officers are not a suspect classification.
- sigzero 13y agoIt could probably be considered public though and therefore freedom of association wouldn't apply.
- nknighthb 13y agoFreedom of association always applies, the only question is whether government can and has overridden it. For "has", neither Congress nor Nevada has attempted to make discrimination based on employer illegal, in a place of public accommodation or otherwise. There can be no illegal discrimination when there is no relevant law, making the case moot from its inception. And even if they had attempted such (that is, we move to the "can" analysis), we know from the Supreme Court's unanimous decision in Hurley that it's difficult to do even where there is an entanglement of public and private interests, the harm to the private interests is extremely attenuated, and the excluded group is arguably quasi-suspect.