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Source Judicial Review Complete Constitutional Law List Matched to this deck.

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0 tracked cards Constitutional Law

A city ordinance imposes a $10,000 civil penalty on any organization that distributes anonymous campaign flyers within 60 days before a municipal election. A civil-rights group plans to distribute anonymous flyers criticizing a candidate next week. The city attorney has sent letters to similar groups warning that the ordinance will be enforced, and the group has canceled printing while it seeks a declaratory judgment that the ordinance violates the First Amendment.
Which statement best describes ripeness?

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The claim is unripe because a plaintiff must violate a statute and suffer penalties before bringing any pre-enforcement constitutional challenge. The claim is ripe if the issues are fit for judicial decision and withholding review would cause hardship, including when there is a credible threat of enforcement against planned conduct. The claim is unripe unless the plaintiff can identify every person who will receive the proposed flyers. The claim is ripe only if the state court first gives an advisory ruling on the statute's meaning.

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