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Professor's Reply: 
 
Although you are correct in believing that the decision might differ if racial discrimination were involved in the state's decision-making process, the Court never held that there is a general constitutional rule requiring states to protect members of oppressed racial groups from private violence. The Court, however, addresses a limitation to the general rule against a requirement of state protection that is applicable to the facts of the hypothetical in this question. Read the opinion again and locate that limitation to the general rule.

 


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  Last updated: 06/19/07
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