What is the test for a school's right to prohibit the sale of illegal drugs in the grounds of its primary school?
MultiRegion, United States of America
The following excerpt is from U.S. v. McDougherty, 920 F.2d 569 (9th Cir. 1990):
McDougherty first contends that the schoolyard provision violates due process by creating an irrebuttable presumption that the sale of drugs near a school is per se dangerous and threatening to children, citing Leary v. United States, 395 U.S. 6, 12, 89 S.Ct. 1532, 1535, 23 L.Ed.2d
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