Parties: Wayte v. United States
Date: 1985-03-19
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Paragraph: 66 - Wayte has clearly established the first element of a prima facie case. The record demonstrates unequivocally that Wayte is a member of a class of vocal opponents to the Government's draft registration program. All members of that class exercised a First Amendment right to speak freely and to petition the Government for a redress of grievances, and either reported themselves or were reported by others as having failed to register for the draft.
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Paragraph: 16 - In particular, he claims that "[e]ven though the [Government's passive] enforcement policy did not overtly punish protected speech as such, it inevitably created a content-based regulatory system with a concomitantly disparate, content-based impact on nonregistrants." Brief for Petitioner 23. This Court has held that when, as here, N154* "'speech and 'nonspeech' elements are combined in the same course of conduct, a sufficiently important governmental interest in regulating the nonspeech element can justify incidental limitations on First Amendment freedoms."
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