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MMLU / An avowed corrimunist was elected vice president of a union. A senator, in his…

Problem

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question

An avowed corrimunist was elected vice president of a union. A senator, in his investigation of communist infiltration of national labor unions, found a provision in a statute passed by Congress, which makes it a crime for a member of the communist party to act as an official of a labor union. After a subsequent legislative hearing, the communist is dismissed from his position by the union. Which of the following most accurately summarizes the applicable rule of constitutional law regarding the aforementioned provision of the statute?

choices

  1. The statutory provision is a form of unconstitutional prior restraint on a person's First Amendment right of free association.
  2. Making it a crime for a Communist to hold a union office is a suspect classification, which violates the equal protection clause.
  3. The statutory prohibition is a reasonable method of discrimination since the benefit to the public outweighs the injury or restrictions that would be inflicted upon the person.
  4. The statutory provision in the act is a form of legislative punishment violative of the Constitution as a bill of attainder.

subject

professional_law

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