Constitutional Law
Jul. 13, 2023
Protecting speech by prohibiting speech
George Orwell’s name gets thrown around a lot by conservatives aggrieved at their treatment by the media, but I wonder what would Orwell think of a court order that prohibits speech except when permitted, according to a measure of protected versus unprotected speech that requires interpretation of the entire history of federal First Amendment jurisprudence.
Steven S. Kimball
400 Capitol Mall Ste 2400
Sacramento , CA 95814
Fax: (916) 930-3201
Email: stvkmb52@gmail.com
UC Berkeley Boalt Hall
Steven is a lawyer in Sacramento
Leaving aside the strangeness of the injunction in Missouri v. Biden that seeks to protect speech by prohibiting speech, there are a number of striking aspects to the court’s decision to enjoin governmental officials from interfering with conservative messaging posted on social media.
For starters, the supporting memorandum is 155 pages long, a Herculean ta...
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