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A person affected by government action files suit and challenges the legal basis for that action. A public permit fee increased because officials expected hostile counterprotesters. The parties disagree about the legal effect of those facts. How is the court most likely to rule?

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Import a rule from a nearby issue instead of applying the rule triggered by these facts. The court should resolve the dispute by applying the operative rule to the material facts: First Amendment analysis turns on the forum, speaker, content or viewpoint discrimination, prior restraint, overbreadth, vagueness, and the applicable scrutiny. Reject the claim or defense solely because the opposing party disputes a required fact. Resolve the dispute on equitable fairness alone without identifying the governing doctrine or its limits.

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