The 14th Amendment

Amendment XIV
Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

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In his article, Marantz quotes Powell saying that protecting the First Amendment can sometimes conflict with rights delineated by the 14th amendment. What do you think he means by this? Can you think of any examples of how there could be tension between freedom of expression, guaranteed by the first amendment, and equal protection, as guaranteed by the 14th? Write an answer of about a paragraph (100-200 words).

You may find it helpful (though it is not a requirement) to read up on the background of this 14th amendment’s equal protection clause: https://en.wikipedia.org/wiki/Equal_Protection_Clause

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