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Mr. Baker said of the Legislature, "They have an interest here that is a constitutional interest granted to them under Article 2 of the Constitution, and it is not up to me or anybody else to rule that out or rule it in".
The dissent's "balance," moreover, would lead to the protection of all libelsno matter how attenuated their constitutional interest.
"The substantive issue involves a definition of the protected constitutional interest, as well as identification of the conditions under which competing state interests might outweigh it.
"The inequity is of greatest concern to the law where there's a constitutional interest at stake," said Pamela Samuelson, co-director of the Center for Law and Technology at the University of California at Berkeley.
The constitutional interest in the flow of information about public affairs was thought to be very strong, and discovering the truth in this area very difficult, even with the best of efforts.
The Supreme Court today rightly reaffirmed that colleges and universities have a compelling constitutional interest in achieving "the educational benefits that flow from student body diversity". Today's ruling continued a line of cases dating back to the 1978 Bakke decision.
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This is the argument that further factual exploration is unwarranted and inappropriate in light of the extraordinary constitutional interests at stake.
The Court held that the constitutional interests described in Winship were "implicated to a greater degree in this case than they were in Winship itself". 421 U.S., at 700, 95 S.Ct., at 1890.
Because I do not believe the fact of general applicability to be dispositive, I find it necessary to articulate, measure, and compare the competing interests involved in any given case to determine the legitimacy of burdening constitutional interests, and such has been the Court's recent practice in publication cases.
Therefore, the Court was moved to recognize that there should be a reconciling of constitutional interests reflected in a new rule of law with reliance interests founded upon the old.623 In both criminal and civil cases, however, the Court's discretion to do so has been constrained by later decisions.
Anything less, Schneiderman's office wrote, "would show a profound disrespect for the important constitutional interests at stake". .
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