Chapter § 4.3

JurisdictionOregon
§ 4.3 WHAT IS A PRIVILEGE OR IMMUNITY?

For purposes of Article I, section 20, a "privilege or immunity" is a "government-granted" benefit. Kramer v. City of Lake Oswego, 365 Or 422, 452, 446 P3d 1, adh'd to as modified on recons, 365 Or 691, 455 P3d 922 (2019). The benefit need not be economic to implicate Article I, section 20. State v. Savastano, 354 Or 64, 92, 309 P3d 1083 (2013). For example, if a benefit results from private property rights, rather than a government grant, it does not implicate Article I, section 20. Kramer, 365 Or at...

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