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In Hodgkins case, they deemed the ordnance unconstitutional because fear of criminal prosecution would have, or did, prevent them from going to late night protests, political rallies, or church events, which are protected First Amendment rights. The arrest under the U.S. Supreme Court’s jurisprudence would have been proper, the officer only needed to provide probable cause. Since it is not fair for the city to force a child, or their parents, to have to hire a criminal defense lawyer to avoid being punished for exercising a constitutional right, the curfew ordnance is unconstitutional.
Decision and Remedy: The U...
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