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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. Which answer gives the best resolution?

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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. Resolve the dispute on equitable fairness alone without identifying the governing doctrine or its limits. Assume the doctrine applies because one element appears satisfied, even if the remaining elements are contested. Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements.

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