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Supreme Court in this Term’s most important case addressing the First Amendment’s Establishment Clause, Town of Greece v. [read post]
18 Feb 2015, 1:30 pm by Maureen Johnston
Niska 14-443Issue: Whether a state statute banning false political speech is narrowly tailored to meet a compelling state interest when such ban covers both implicit and indirect claims of political support. [read post]
6 May 2016, 1:50 pm by JB
Good luck with that fantasy.What I really don't get is the argument that, six years later, John Roberts' opinion in NFIB v. [read post]
19 Sep 2021, 9:37 am by Eric Goldman
But what makes social media platforms different is their ability to shape public discourse not by promoting their own messages but by silencing voices they deem to be harmful…. the bottleneck position that comes with control of these platforms brings with it a remarkable power to censor” By virtue of making publication decisions, every publisher necessarily “silences” the voices of people it chooses not to publish. [read post]
31 Jul 2013, 4:09 am by Nicole Huberfeld
Nicole Huberfeld A wealth of formidable scholarship has weighed in on the constitutionality of the two aspects of the Patient Protection and Affordable Care Act that were at issue in NFIB v. [read post]
10 Jul 2015, 5:43 am by Timothy P. Flynn
 Voicing the true conservative disdain for an activist Court, Justice Roberts says that SCOTUS should not "seize for itself" a question that our Constitution leaves for the people to decide using the political machinery. [read post]