In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties?

California, United States of America


The following excerpt is from Alvarado v. Superior Court, 52 Cal.App.4th 939, 60 Cal.Rptr.2d 854 (Cal. App. 1997):

In any event, despite their source, such fundamental societal rights are recognized as limiting individual constitutional rights: "Often the public interest in tranquillity, security, and protection is invoked only to be blithely dismissed, subordinated to the paramount right of the individual. In this case, however, the true nature of the trade-off becomes painfully obvious." ( People ex rel. Gallo v. Acuna, supra, 14 Cal.4th at p. 1102, 60 Cal.Rptr.2d 277, 929 P.2d 596 [slip opn., p. 4].)

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