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Exclusion of Certain Aliens as a First Amendment Problem.
Judge Posner is not known as a First Amendment liberal.
Frankly, we are puzzled that this is being viewed as a First Amendment issue.
But Mr. Hume and his lawyer frame the dispute as a First Amendment issue.
"To portray this as a First Amendment right is a little bit misleading," he said.
But apparently it didn't prepare him for the scrutiny the press exercises as a First Amendment right.
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2008) ("If the statute, as read by the police officers on the scene, would allow or disallow speech depending on the reaction of the audience, then the ordinance would run afoul of an independent species of prohibitions on content-restrictive regulations, often described as a First Amendment-based ban on the 'heckler's veto.'" (citing Bachellar v. Maryland, 397 U.S. 564, 567 (1970))).
The stickers were eventually removed as the result of a First Amendment lawsuit, Selman v. Cobb County Board of Education (Holden 2005).
The Roberts Court was considering Obergefell as a Fourteenth Amendment case.
Marshall had presented Brown as a Fourteenth Amendment, equal-protection case.
In part, Obama is trying to reframe the gun discussion not as a Second Amendment issue but as one of public health.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com