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ARCHIE v. CITY OF RACINE

No. 86-1783.

847 F.2d 1211 (1988)

Betty J. ARCHIE, et al., Plaintiffs-Appellants, v. CITY OF RACINE, Ronald W. Chiapete, and George W. Giese, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 14, 1987.

Reargued February 23, 1988.

Decided May 23, 1988.

Attorney(s) appearing for the Case

Curry First, Perry, First, Lerner, Quindel & Kuhn, S.C., Milwaukee, Wis., Adrian Schoone, Schoone, Hankel, Ware & Fortune, S.C., Racine, Wis., for plaintiffs-appellants.

Joseph E. Boyle, Office of City Atty., Racine, Wis., for defendants-appellees.

Before BAUER, Chief Judge, and CUMMINGS, WOOD, Jr., CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION, and KANNE, Circuit Judges.

Reargued En Banc February 23, 1988.

EASTERBROOK, Circuit Judge.

The Bill of Rights limits the power of government. It insists that the government refrain from acting in certain spheres. Yet it is possible to restate most actions as corresponding inactions with the same effect, and to show that inaction may have the same effects as a forbidden action. So, for example, the Supreme Court has implied from the First Amendment...

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