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A license cannot be revoked because a man is red-headed or…

“A license cannot be revoked because a man is red-headed or because he was divorced, except for a calling, if such there be, for which red-headedness or an unbroken marriage may have some rational bearing. If a State licensing agency lays bare its arbitrary action, or if the State law explicitly…” quote by Felix Frankfurter
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“A license cannot be revoked because a man is red-headed or because he was divorced, except for a calling, if such there be, for which red-headedness or an unbroken marriage may have some rational bearing. If a State licensing agency lays bare its arbitrary action, or if the State law explicitly allows it to act arbitrarily, that is precisely the kind of State action which the Due Process Clause forbids.”

Felix Frankfurter

About This Quote

This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.

Legal principle that due process prohibits arbitrary licensing decisions based on irrelevant personal traits

In simple terms: Arbitrary state actions violating fairness are banned

Key Takeaway

Ensure licensing criteria are relevant and fair

Themes

law due process fairness

Mood

critical analytical

Type

legal judicial

When to use this quote

  • government licensing
  • civil rights
  • policy reform

Key Concepts

constitutional law administrative discretion

Questions to Reflect On

  • How can agencies audit for hidden bias?
  • What safeguards ensure fairness?
A Different Perspective

Law may still be influenced by hidden biases

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