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Sorry to disagree, but your argument (Law May Be on Giuliani’s Side) has not persuaded me that “This is a case of bad policy.” Of course, that’s probably because I’m not persuaded by your initial premises:

Public funding as a policy tool has always been controversial, particularly in the minds of those who can be threatened. However, it is fine for government to influence and encourage community activities through funding and subsidies, rather than by regulation. This is good law, based on the premise that public officials may focus on policies outside of the traditional scope of daily governance to enhance the general welfare.

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