Originally Posted by
tgtaylor
I beg to differ.
If, for purposes of enjoyment of a legal right, you are separating a class in two different entities, as you appear to be doing, for entitlement to that right namely the photographic "hobbyists" who seeks nothing more than personal edification and gratification, and the "communicative" photographer who seeks to "communicate" an idea or opinion, then the due process and equal protection clause of the 14th Amendment would have a very strong and decisive bearing on the issue. The separation of a class into two different classes for purpose of entitlement would be legal under the 14th Amendment if, and only if, there exists a compelling public interest supporting such a sub-classification. I can see no compelling public interest being served by classifying photographers as hobbyists or communicative for purposes of free speech protection. Can you?
Thomas
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