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20 Jun 2017, 11:25 am by Christine Farley
The majority opinion acknowledged the latter question, although not the former, and stated that the court did not need to resolve the issue because the disparaging marks provision fails even the more lenient test for commercial speech established in Central Hudson Gas & Electric Corp. v. [read post]
5 Jan 2011, 7:56 am by Jon
The Fourth Circuit opinion in United States v. [read post]
28 Dec 2011, 9:49 am by Steve
The Lux court remanded the case to Judge Hudson, to determine whether the statutory requirement could be valid under some rationale other than the one briefly stated by the Court in Davis - to ensure that the candidate had a minimum level of local support. [read post]