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Irrespective of how it comes down in this case, the federal government’s position combined with the clear-cut support from the court’s three left-most judges speaks to the extent to which free speech is in deep trouble in this country.
What follows are some of the most critical, and often disturbing, takeaways from oral arguments.
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Feds Are Appalled at the Probing of Their Speech Policing
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Feds Believe Their Censorship Is Legitimate So Long as it Doesn’t Strong-Arm Anyone
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Feds Framed Their Censorship as a Right to Speak
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The Feds Want SCOTUS to Bless Their Speech Policing During the Election
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Public Health Emergencies Justify Censorship, Feds Argue
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Justice Jackson Revealed Her Radical Anti-Speech Position
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Justice Kavanaugh Seems Likely to Cave
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The Plaintiffs Backed Down Under Duress, and That’s Concerning for All of Us
If this view prevails, we will face an extinction-level event for the First Amendment, or at least what’s left of it.