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5 Jul 2023, 5:01 am by Eugene Volokh
Strict scrutiny requires the government to show that the speech restriction is "narrowly tailored to address the State's compelling governmental interests. [read post]
5 Jul 2023, 3:51 am by Bernard Bell
This blogpost discusses the Eleventh Circuit’s opinion and argues that the result is deeply disturbing. [read post]
4 Jul 2023, 11:59 am by Eugene Volokh
In their attempts to suppress alleged disinformation, the Federal Government, and particularly the Defendants named here, are alleged to have blatantly ignored the First Amendment's right to free speech. [read post]
4 Jul 2023, 7:11 am by hpoppe
After nearly 250 years of our nation’s experience in self-government, the right to a trial by jury is often forgotten, but it is one of the most fundamental rights of a free and self-governing society. [read post]
3 Jul 2023, 10:49 pm by Josh Blackman
Thomas wrote that with the freedom of speech, "to carry that burden, the government must generally point to historical evidence about the reach of the First Amendment's protections. [read post]
2 Jul 2023, 3:46 pm by Steve Bainbridge
As a preliminary inquiry one thus must ask whether the board had the authority under the governing statutes and the corporation’s organic documents to take this specific action. [read post]
30 Jun 2023, 8:20 am by Eugene Volokh
Under Colorado's logic, the government may compel anyone who speaks for pay on a given topic to accept all commissions on that same topic—no matter the underlying message—if the topic somehow implicates a customer's statutorily protected trait. [read post]