मराठी

One of the Factors of the Government'S Projectionist Policy Was ... ..

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प्रश्न

In view of the passage given below. Choose the best option for question.

When talks come to how India has done for itself in 50 years of Independence, the world has nothing but praise for our success in remaining a democracy. On other fronts, the applause is less loud. In absolute terms, India has not done too badly, of course, life expectancy has increased. So has literacy. Industry, which was barely a fledging, has grown tremendously. And as far as agriculture is concerned, India has been transformed from a country perpetually on the edge of starvation into a success story held up for others to emulate. But these are competitive times when change is rapid, and to walk slowly when the rest of the world is running is almost as bad as standing still on walking backwards.

Compared with large chunks of what was then the developing 'world South Korea, Singapore, Malaysia, Thailand, Indonesia. China and what was till lately a separate Hong Kong-India has fared abysmally. It began with a far better infrastructure than most of these countries had. It suffered hardly or not at all during the Second World War. It had advantages like an English speaking elite, quality scientific manpower (including a Nobel laureate and others who could be ranked among the world's best) and excellent business acumen. Yet, today, when countries are ranked according to their global competitiveness. it is tiny Singapore that figures at the top. Hong Kong is an export powerhouse. So is Taiwan. If a symbol were needed of how far we have fallen back. note that while Korean Cielos are sold in India, no one in South Korea is rushing to buy an Indian car. The reasons list themselves. Topmost is economic isolationism.

The government discouraged imports and encouraged self-sufficiency. Whatever the aim was, the result was the creation of a totally inefficient industry that failed to keep pace with global trends and, therefore. became absolutely uncompetitive. only when the trade gates were opened a little did this become apparent. The years since then have been spent merely trying to catch up. That the government actually sheltered its industrialists from foreign competition is a little strange. For in all other respects, it operated under the conviction that businessmen were little more than crookS how were to be prevented from entering the most important areas of the economy, how we're to be hamstrung in as many ways as possible, how we're to be tolerated in the same way as an inexcusable wan. The high expropriation rates of taxation. the licensing Jaws, the reservation of whole swathes of the industry for the public sector, and the granting of monopolies to the public sector firms were the principal manifestations of this attitude. The government forgot that before wealth could be distributed, it had to be created.

The government forgot that it itself could not create, but only squander wealth. some of the manifestations of the old attitude have changed. Tax rates have fallen. Licensing has been a but abolished. And the gates of global trade have been opened wide. But most of these Changes were first by circumstances partly by the foreign exchange bankruptcy of 1991 ana the recognition that the government could no longer muster the funds of support the public sector, leave alone expand it. Whether the attitude of the government itself. or that of more than handful of ministers has changed, is open to question. In many other ways, however, the government has not changed one with. Business still has to negotiate a welter of negotiations. Transparency is still a long way off. And there is no exit policy. In defending the existing policy, politicians betray an inability to see beyond their noses. A no-exit policy for labour is equivalent to a no-entry policy for new business If one industry is not allowed to retrench labour, other industries will think a hundred times before employing new labour. In other way too, the government hurts industries.

Public sector monopolies like the department of telecommunications and Yidesh Sanchar Nigam Ltd. make it possible for Indian business to operate only at a cost several times that of their counterparts abroad The infrastructure is in a shambles partly because it is unable to formulate a sufficiently remunerative policy for private business, and partly because it does not have the stomach to change market rates for services. After a burst of activity in the early nineties, the government iS dragging itS feet. At the rate, it is going. it will be another fifty years before the government realizes that a pro-business policy is the best pro-people policy By then, of course, the world would have moved even further ahead. 

One of the factors of the government's projectionist policy was ...

पर्याय

  • encouragement of imports

  • discouragement of imports

  • encouragement of exports

  • discouragement of exports

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उत्तर

encouragement of imports

shaalaa.com
Comprehension Passages (Entrance Exams)
  या प्रश्नात किंवा उत्तरात काही त्रुटी आहे का?
2014-2015 (May) Set 1

संबंधित प्रश्‍न

In Mann Joseph's debut novel Serious Men, the protagonist, Ayyan Mani, is a U1, scheming Dalit-Buddhist who almost gets away with passing off his partially deaf son, Adi, as a prodigy, a genius who can recite the first 1,000 prime numbers. The garb of satire-where almost every character cuts a sorry figure-gives the author the licence to offer one' of the most bleak and pessimistic portrayals of urban Dalits. Despite his savage portrayal of Dalit (and Female) character-or perhaps because of it? - Serious Men has won critical appreciation front a cross-section of readers and critics.

At a time when a formidable body of Dalit literature - writing by Dalits about Dalit lives- has created a distinct space for itself, how and why is it that a novel such as serious Men, with its gleefully skewed portrayal of an angry Dalit Man, manages to win such accolades? In American literature and particularly in the case of African-American authors and characters-these issues of representation have been debated for decades. But in India, the sustained refusal to address issues related to caste in every life and the continued and unquestioned predominance of a Brahminical stranglehold over cultural production has led us to a place where the non-Dalit portrayal of Dalits in literature, cinema and art remains the norm.

The journey of modem Dalit literature has been a difficult one. But even though it has not necessarily enjoyed the support of numbers, we must engage with what Dalit are writing not simply for reasons of authenticity, or as a concession to identity politics, but simply because of the aesthetic value of this body of writing, and for the insights, it offers into the human condition. In a society that is still largely unwilling to recognize Dalits as equal, rights-bearing human beings, in a society that is inherently indifferent to the everyday violence against Dalits, in a society unwilling to share social and cultural resources equitably with Dalits unless mandated by law (as seen in the anti-reservation discourse), Dalit literature has the potential to humanise non-Dalits and sensitise them to a world into which they have no insight. But before we can understand what Dalit literature is seeking to accomplish, we need first to come to terms with the stranglehold of non-Dalit representations of Dalits.

Rohinton Miary's ( A Fine Balance), published 15 years ago, chronicles the travails of two Dalit characters uncle Ishvar and nephew Omprakash who migrate to Bombay of the Emergency, Ishvar's father Dukhy belongs to the era of the anti-colonial nationalist movement. During one of Dukhi's visits to the town, he chances upon a meeting of the Indian National Congress, where speakers spread the "Mahatma's message regarding the freedom struggle, the struggle for justice," and wiping out "the disease of untouchability; ravaging us for centuries, denying dignity to our fellow human beings."

Neither in the 1940s, where the novel's past is set nor in the Emergency period of the 1970s when the minds and bodies Ishvar and Omprakash, are savaged by the state do we find any mention of a figure like B.R. Ambedkar or of Dalit movements. In his 'nationalist' understanding of modem Indian history, Mistry seems to have not veered too far from the road charted by predecessors like Mulk Raj Anand and Premchand. Sixty years after Premchand, Mistry's literary imagination seems stuck in the empathy-realism mode, trapping Dalits in abjection. Mistry happily continues the broad stereotype of the Dalit as a passive sufferer, without consciousness of caste politics.

The writer refers to the 'anti-reservation discourse' in order to argue that:


Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.

Ahmedabad’s Sunday market that sells junk is this 35-year-old artist’s favourite hunting ground. That’s where he picks saw-blades, printer toners, monitors, busted VCDs and hard disks, video players and other castaway gems. Back home, he painstakingly dismantles his treasure of scrap and segregates it into big pieces (the video player's outer case), mid-sized (the insides of a hard disk) and small pieces (innards of a mobile). This is art you can get up, close and personal with. The works grab the viewer’s attention at several levels. Aesthetically, the creations themselves - such as Frivolity which uses feathers and terracotta diyas painted in dark fossil green that give it a strange life - appeal in a live-and-kicking sort of way. Look a little closer and hey, you spot a zipper. Then it’s a journey all your own. Your eyes identify hairpins, spray spouts that hairdressers use, paper clips, thread, computer ribbons and the insides of everything from watches to the sliding metal bits that support drawers. You can almost hear the works whirr. So Hashissh, constructed from paper clips, backpack clips, a shining CD and twirled thread, may invite you to study its water-blue, pinks and green or Nelumbeshwar may beckon, bathed in acrylic pink and grey-black. But once you’re standing in front of a piece, you spot the zips and the hairpins. Then you simply visually dismantle Har’s work and rebuild it all over again. Zoom in, zoom out. It’s great fun. Visualising the colour of his work demands a lot of attention, says Har. “During creation, the material is all differently coloured. So there’s a red switch next to a white panel next to a black clip. It can distract. I don’t sketch, so I have to keep a sharp focus on the final look I am working towards.” As his work evolved, Har discovered laser-cutting on a visit to a factory where he had gone to sand-blast one of his pieces. Hooked by the zingy shapes laser-cutting offered, Har promptly used it to speed up a scooter and lend an unbearable lightness of being to a flighty autorickshaw, his latest works. The NID-trained animation designer’s scrap quest was first inspired by a spider in his bathroom in Chennai when he was a teenager. He used a table-tennis ball (for the head), a bigger plastic ball (for the body) and twisted clothes hangers to form the legs. His next idea was to create a crab, and his mother obligingly brought one home from the market so that he could study and copy it. Winning the first Art Positive fellowship offered by Bajaj Capital Arthouse last year gave Har the confidence to believe that he could make it as an artist or ‘aesthete’ as he likes to call himself.

What is the Central idea of the given passage?


Read the given passage carefully and choose the most appropriate option to the questions given below.
The World Trade Organisation (WTO) was created in the early 1990s as a component of the Uruguay Round negotiation. However, it could have been negotiated as part of the Tokyo Round of the 1970s, since negotiation was an attempt at a ‘constitutional reform’ of the General Agreement on Tariffs and Trade (GATT). Or it could have been put off to the future, as the US government wanted. What factors led to the creation of the WTO in the early 1990s?One factor was the pattern of multilateral bargaining that developed late in the Uruguay Round. Like all complex international agreements, the WTO was a product of a series of trade­offs between principal actors and groups. For the United States, which did not want a new organization, the disputed settlement part of the WTO package achieved its longstanding goal of a more effective and more legal dispute settlement system. For the Europeans, who by the 1990s had come to view GATT dispute settlement less in political terms add more as a regime of legal obligations, the WTO package was acceptable as a means to discipline the resort to unilateral measures by the United States. Countries like Canada and other middle and smaller trading partners were attracted by the expansion of a rule­based system and by the symbolic value of a trade organization, both of which inherently support the weak against the strong. The developing countries were attracted due to the provisions banning unilateral measures. Finally, and perhaps most important, many countries at the Uruguay Round came to put a higher priority on the export gains than on the import losses that the negotiation would produce, and they came to associate the WTO and a rule­based system with those gains. This reasoning – replicated in many countries – was contained in U. S. Ambassador Kantor’s defense of the WTO, and it announced to a recognition that international trade and its benefits cannot be enjoyed unless trading nations accept the discipline of a negotiated rule­based environment.A second factor in the creation of the WTO was pressure from lawyers and the legal process. The dispute settlement system of the WTO was seen as a victory of legalists but the matter went deeper than that. The GATT, and the WTO, are contract organizations based on rules, and it is inevitable that an organization creating a further rule will, in turn, be influenced by legal process. Robert Hudee has written of the‘momentum of legal development’, but what is this precisely? Legal development can be defined as promotion of the technical legal values of consistency, clarity (or certainty) and effectiveness; these are values that those responsible for administering any legal system will seek to maximize. As it played out in the WTO, consistency meant integrating under one roof a whole lot of separate agreements signed under GATT auspices; clarity meant removing ambiguities about the powers of contracting parties to make certain decisions or to undertake waivers; and effectiveness meant eliminating exceptions arising out of grandfather­rights and resolving defects in dispute settlement procedures and institutional provisions. Concern for these values is inherent in any rule­based system of co­operation since without these value rules would be meaningless in the first place, therefore, create their own incentive for fulfillment.The moment of legal development has occurred in other institutions besides the GATT, most notably in the European Union (EU). Over the past two decades, the European Court of Justice (ECJ) has consistently rendered decisions that have expanded incrementally the EU’sinternal market, in which the doctrine of ‘mutual recognition’ handed down in Cassis de Dijon case in 1979 was a key turning point. The court is now widely recognized as a major player in European integration, even though arguably such a strong role was not originally envisaged in the Treaty of Rome, which initiated the current European Union. One means the Court used to expand integration was the ‘teleological method of interpretation’, whereby the actions of member states were evaluated against ‘the accomplishment of the most elementary goals set forth in the Preamble to the (Rome) treaty. The teleological method represents an effort to keep current policies consistent with stated goals, and it is analogous to the effort in GATT to keep contracting party trade practices consistent with slated rules. In both cases, legal concerns and procedures are an independent force for further co­operation.In the large part, the WTO was an exercise in consolidation. In the context of a trade negotiation that created a near­revolutionary expansion of international trade rules, the formation of the WTO was a deeply conservative act needed to ensure that the benefits of the new rules would not be lost. The WTO was all about institutional structure and dispute settlement: these are the concerns of conservatives and not revolutionaries, that is why lawyers and legalists took the lead on these issues. The WTO codified the GATT institutional practice that had developed by custom over three decades, and it incorporated a new dispute settlement system that was necessary to keep both old and new rules from becoming a sham. Both the international structure and the dispute settlement system were necessary to preserve and enhance the integrity of the multilateral trade regime that had been built incrementally from the 1940s to the 1990s.
According to the passage, WTO promoted the technical legal values partly through.


Read the passage and answer the question based on it.
The world dismisses curiosity by calling it idle, or mere idle curiosity – even though curious persons are seldom idle. Parents do their best to extinguish curiosity in their children because it makes life difficult to be faced every day with a string of unanswerable questions about what makes fire hot or why grass grows. Children whose curiosity survives parental discipline are invited to join our university. Within the university, they go on asking their questions and trying to find the answers. In the eyes of a scholar, that is mainly what a university is for. Some of the questions that scholars ask seem to the world to be scarcely worth asking, let alone answering. They ask questions too minute and specialized for you and me to understand without years of explanation. If the world inquires one of them why he wants to know the answer to a particular question, he may say, especially if he is a scientist, that the answer will, in some obscure way, make possible a new machine or weapon or gadget. He talks that way because he knows that the world understands and respects utility. But to you who are now part of the university, he will say that he wants to know the answer, simply because he does not know it. The way a mountain climber wants to climb a mountain simply because it is there. Similarly, a historian when asked by outsiders why he studies history may come out with the argument that he has learned to repeat on such occasions, something about the knowledge of the past, making it possible to understand the present and mold the future. But if you really want to know why a historian studies the past, the answer is much simpler: something happened, and he would like to know what. All this does not mean that the answers which scholars find to their questions have no consequences. They may have enormous consequences, but these seldom form the reason for asking the question or pursuing the answers. It is true that scholars can be put to work answering questions for the sake of the consequences, as thousands are working now, for example, in search of a cure for cancer. But this is not the primary function of the scholar, for the consequences are usually subordinate to the satisfaction of curiosity.
Idle curiosity means


Read the given passage carefully and answer the questions that follow.

There is a fairly universal sentiment that the use of nuclear weapons is clearly contrary to morality and that its production probably so, does not go far enough. These activities are not only opposed to morality but also to the law if the legal objection can be added to the moral, the argument against the use and the manufacture of these weapons will considerably be reinforced. Now the time is ripe to evaluate the responsibility of scientists who knowingly use their expertise for the construction of such weapons, which has deleterious effect on mankind.

To this must be added the fact that more than 50 percent of the skilled scientific manpower in the world is now engaged in the armaments industry. How appropriate it is that all this valuable skill should be devoted to the manufacture of weapons of death in a world of poverty is a question that must touch the scientific conscience.

A meeting of biologists on the Long-Term Worldwide Biological consequences of nuclear war added frightening dimension to those forecasts. Its report suggested that the long biological effects resulting from climatic changes may at least be as serious as the immediate ones. Sub-freezing temperatures, low light levels, and high doses of ionizing and ultraviolet radiation extending for many months after a large-scale nuclear war could destroy the biological support system of civilization, at least in the Northern Hemisphere. Productivity in natural and agricultural ecosystems could be severely restricted for a year or more. Post war survivors would face starvation as well as freezing conditions in the dark and be exposed to near lethal doses of radiation. If, as now seems possible, the Southern Hemisphere were affected also, global disruption of the biosphere could ensue. In any event, there would be severe consequences, even in the areas not affected directly, because of the interdependence of the world economy. In either case the extinction of a large fraction of the earth’s animals, plants and microorganisms seem possible.

The population size of Homo sapiens conceivably could be reduced to prehistoric levels or below, and extinction of the human species itself cannot be excluded.

Which of the following statements I, II, III and IV are definitely true in the context of the passage?

(I) There is every likelihood of survival of the human species as a consequence of nuclear war.

(II) Nuclear war risks and harmful effects are highly exaggerated.

(III) The post war survivors would be exposed to the benefits of non-lethal radiation.

(IV) Living organisms in the areas which are not directly affected by nuclear was would also suffer.


The questions in this section are based on the passage. The questions are to be answered on the basis of what is stated or implied in the passage.

Under very early common law, all felonies were punishable by death. The perpetrators of the felony were hanged whether or not a homicide had been committed during the felony. Later, however, some felonies were declared be non-capital offences. The common law courts, in need of a deterrent to the use of deadly force in the course of these non-capital felonies, developed the "felony-murder" rule. The first formal statement of the rule stated: "Any killing by one in the commission of a felony is guilty of murder." The killing was a murder whether intentional or unintentional, accidental or mistaken. The usual requirement of malice was eliminated and the only criminal intent necessary was the intent to commit the particular underlying felony. All participants in the felony were guilty of murder-actual killer and non-killer confederates.

Proponents of the rule argued that it was justified because the felony demonstrated a lack of concern for human life by the commission of a violent and dangerous felony and that the crime was murder either because of a conclusive presumption of malice or simply by force of statutory definition. 

Opponents of the rule describe it as a highly artificial concept and "an enigma wrapped in a riddle." They are quick to point out that the rule has been abandoned in England where it originated, abolished in India, severely restricted in Canada and a number of other commonwealth countries are unknown in continental Europe, and abandoned in Michigan. In reality, the real strength of the opponents' criticism stems from the bizarre and of times unfair results achieved when the felony-murder rule is applied mechanically. Defendants have been convicted under the rule where the killing was purely accidental, or the killing took place after the felony during the later flight from the scene; or a third party killed another (police officer killed a citizen or vice versa; or a victim died of a heart attack 15 -20 minutes after the robbery was over or the person killed was an accomplice in the felony).

Attacks on the rule have come from all directions with basically the same demand -reevaluate and abandon the archaic legal fiction; restrict and limit vicarious criminal liability; prosecute killers for murder, not non-killers; increase punishment for the underlying felony as a real deterrent, and initiate legislative modifications. With the unstable history of the felony -murder rule, including its abandonment by many jurisdictions in this country, the felony -murder rule is dying a slow but certain death.

The felony -murder rule was developed in order to


Read the given passages and answer the question with the help of the information provided in the passage.

Teaching, more even than most other professions, has been transformed during the last hundred years from a small, highly skilled profession concerned with a minority of the population, to a large and important branch of public service. The profession has a great and honourable tradition, extending from the dawn of history until recent times, but any teacher in the modern world who allows himself to be inspired by the ideals of his predecessors is likely to be made sharply aware that it is not his function to teach what he thinks, but to instill such beliefs and prejudices as are thought useful by his employers. 

In modern times, a successful teacher is primarily supposed to


Read the given passages and answer the question with the help of the information provided in the passage.

Teaching, more even than most other professions, has been transformed during the last hundred years from a small, highly skilled profession concerned with a minority of the population, to a large and important branch of public service. The profession has a great and honourable tradition, extending from the dawn of history until recent times, but any teacher in the modern world who allows himself to be inspired by the ideals of his predecessors is likely to be made sharply aware that it is not his function to teach what he thinks, but to instill such beliefs and prejudices as are thought useful by his employers. 

In ancient times, the teaching profession was


Read the given passages and answer the question with the help of the information provided in the passage.

Once upon a time, there was a royal elephant that used to reside in the premises of the king's palace. The elephant was very dear to the king, so he was well-fed and well treated. There was also a Dog who lived near the Elephant's shed. He was very weak and skinny. He was always fascinated by the smell of rich sweet rice being fed to the royal elephant. One day, the Dog could no longer resist the aroma of the rice and somehow managed to sneak into the Elephant's shed. He ate the grains of sweet rice that fell from the Elephant's mouth. He liked the rice so much, that he started going there daily to eat the rice. For days, the huge Elephant didn't notice the small dog as he was busy enjoying the delicious food. Gradually, the Dog grew bigger and stronger eating such rich food. Finally, the Elephant noticed him and allowed him access to the food. The Elephant enjoyed the company of the Dog and started sharing his food with him. They also started spending time with each other and soon became good friends. They ate together, slept together and played together. While playing, the Elephant would hold the Dog in his trunk and swing him back and forth. Soon neither of them was happy without the other. They became great friends and didn't want to be separated from each other.

Then one day, a man saw the Dog and asked the Elephant-keeper, "I want to buy this Dog. What price do you want for it?" The Elephant keeper didn't own the Dog but sold it and extracted a sum of money from this deal. The man took the Dog to his home village, which was quite far away. The King's Elephant became very sad after this incident. He missed his friend a lot and started neglecting everything. He didn't want to do anything without his dear friend, so he stopped eating, drinking and even bathing. Finally, the Elephant-keeper reported this to the King; however, he didn't mention anything about the Dog. The King had a wise minister, who was known for his keen understanding of animals. The King ordered the minister, "Go to the Elephant shed and find out the reason for the Elephant's condition". The intelligent minister went to the Elephant's shed and found the Elephant very sad. He examined the Elephant and asked the Elephant keeper, "There is nothing wrong with this Elephant's body, then why does he look so sad?" I think this Elephant is grief-stricken, possibly due to the loss of a dear friend.

Do you know if this Elephant shared a close friendship with anyone? The Elephant-keeper said, "There was a Dog who used to eat, sleep and play with the Elephant. He was taken by a stranger three days ago''. The minister went back to the King and said, "Your majesty, in my opinion, the royal Elephant is not sick, but he is lonesome without his dear friend, the Dog". The King said, "You're right, friendship is one of the most wonderful things of life. Do you know where that ·Dog is?" The Minister replied, "Elephant keeper has informed me that a stranger took him away and he doesn't know his whereabouts". The King asked, "how can we bring back my Elephant's friend and make him happy again?" The Minister suggested, "Your Majesty, make a declaration that whoever has the dog that used to live at the royal Elephant's shed will be penalised". The King did the same and the man who had taken the dog, instantly turned him loose when he heard the proclamation. As soon as he was freed, the Dog ran back as fast as he could to the Elephant's shed. The Elephant was so delighted to see the Dog that he picked his friend up with his trunk and swung him back and forth. The Dog wagged his tail, while the Elephant's eyes sparkled with happiness. The King was content to see the Elephant happy once again and rewarded the Minister for his wise judgment. 

What did the Elephant-keeper do to the Dog?


Read the given passages and answer the question with the help of the information provided in the passage.

The Constitution of the United States protects both property rights and freedom of speech. At times, these rights conflict. The resolution then requires a determination as to the type of property involved. If the property is private and not open to the general public, the owner may absolutely deny the exercise of the right of free speech thereon. On the other hand, if public land is at issue, the First Amendment protections of expression are applicable. However, the exercise of free speech thereon is not absolute. Rather, it is necessary to determine the appropriateness of the forum. This requires that consideration be given to a number of factors including character and normal use of the property, the extent to which it is open to the public, and the number and types of persons who frequent it. If the forum is clearly public or clearly private, the resolution of the greater rights is relatively straight forward.

In the area of the quasi-public property, balancing these rights has produced a dilemma. This is the situation when a private owner permits the general public to use his property. When· persons seek to use the land for passing out handbills or picketing, how is a conflict between property rights and freedom of expression resolved? The precept that a private property owner surrenders his rights in proportion to the extent to which he opens up his property to the public is not new. In 1675, Lord Chief Justice Hale wrote that when private property is "affected with a public interest, it ceases to be private." Throughout the development of Anglo-American law; the individual has never possessed absolute dominion over property. Land becomes clothed with a public interest when the owner devotes his property to a use in which the public has an interest. In support of this position, the chairman of the board of the Wilde Lake Shopping Centre in Columbia, Maryland said: The only real purpose and justification of any of these centres is to serve the people in the area - not the merchants, not the developers, not the architects. The success or failure of a regional shopping centre will be measured by what it does for the people it seeks to serve. These doctrines should be applied when accommodation must be made between a shopping centre owner's private property rights and the public's right to free expression. It is hoped that when the Court is asked to balance these conflicting rights it will keep in mind what Justice Black said in 1945: "When we balance the constitutional rights of owners of property against those of the people to enjoy (First Amendment) freedom(s) ..... we remain mindful of the fact that the latter occupy a preferred position."

All other things being equal, the courts must


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