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First Amendment Rights of Performers With Convictions

A balloon performer with two misdemeanor convictions for sexually abusing children over 20 years ago cannot be refused a permit to perform for donations at Playland, an amusement park in Rye, New York, according to an order issued on December 23 by a federal judge in Westchester County. The full opinion, dated December 23, 2002 is on Lexis (fee based) at 2002 U.S. Dist. LEXIS 24569.

We'll be debating the decision on the O'Reilly Factor on Fox News tonight with Cal Thomas, who is guest-hosting for Bill O'Reilly. Cal doesn't like the decision which is based on First Amendment considerations, whereas we think the decision is appropriate and correct.

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