A welfare case from California raises the question whether states can discriminate against newcomers by granting them lower benefits.

The rebels, members of a social activist group known as the Black Panthers, claimed the state was discriminating against them.

He also said that the state discriminated against lap swimmers by charging them $3 to use the pool, when the general public paid only $1.25.

He wrote that the very existence of black schools meant that "the state in this situation discriminates against Negro children."

The state should not discriminate against the single or childless.

"It extends the principle that the state can't discriminate against particular messages," she said.

Nor, she continued, may states discriminate among categories within the media on the basis of content or for the purpose of censorship.

"Neither may the state discriminate indirectly" in such allocations.

Ironically, Southern states discriminate against themselves on these initiatives.