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STATE v. FLYNT

No. 79-556.

63 Ohio St. 2d 132 (1980)

THE STATE OF OHIO, APPELLEE, v. FLYNT ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 16, 1980.

Attorney(s) appearing for the Case

Ms. Almeta Johnson, chief police prosecutor, and Mr. Bruce A. Taylor, for appellee.

Messrs. Berkman, Gordon, Kancelbaum, Levy & Murray, Mr. Bernard A. Berkman, Mr. George W. Palda, Mr. Herald Price Fahringer and Mr. Paul J. Cambria, Jr., for appellants.

Per Curiam.

The law is well settled that the government is subject to constitutional restraints in its choice of those whom it may prosecute. As long ago as Yick Wo v. Hopkins (1886), 118 U.S. 356, 373-74, the United States Supreme Court stated that although a "law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand...

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