I have a SCOTUSBlog recap of Tuesday’s oral argument
Comments
Not a First Amendment scholar, but I am really a bit shocked at how the justices — especially the textualists — are focusing on narrow doctrinal issues that are not part of the core text of the First Amendment.
The amendment does not say Congress shall make no law retaliating against the people for exercising the freedom of speech.
The amendment prohibits the government from abridging the freedom of speech. The government plainly abridged this guy’s freedom of speech — in fact, the government action here plainly abridged the freedom of speech of a lot of people.
So I don’t see this as a question of wrong; but there are perhaps questions of standing and remedy.
Posted by: Toby | Jan 20, 2016 8:59:27 AM