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In his 53-page ruling, Judge Sprizzo found that the men's actions, no matter how inappropriate, "constituted speech on a matter of public concern".
In his ruling, Judge Sprizzo found that the men's actions, no matter how inappropriate, "constituted speech on a matter of public concern".
Moreover, Black took a narrow view of what constituted "speech" under the First Amendment; for him, "conduct" did not deserve the same protections that "speech" did.
But even Justice Kennedy, who wrote the decision in Citizens United ruling that corporate contributions constituted speech and couldn't be limited, assumed that the contributions would be publicly known.
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Prosecutors countered that his oaths did not constitute speech because they were not clear thoughts.
Last week, the Supreme Court ruled that Texas could legally block the flag from being displayed on license plates because displaying the image on a license plate constituted government speech, not private speech.
No, says Waldron (and here he follows Catharine MacKinnon's argument about pornography), the speech is the damage: "[T]he harms emphasized in this book are often harms constituted by speech rather than merely caused by speech".
Judge J. Paul Oetken of Federal District Court in Manhattan said Monday the article constituted protected speech.
Mr. Trump's lawyers contended that the ads constituted free speech rather than lobbying, and did not require disclosure.
Although two lower courts found for the sports-goods maker, last spring California's supreme court ruled by a 4-3 majorithathat Nike's public defences constituted "commercial speech".
Mr. Randazza responded in a letter that although Mr. Alascio admitted that the dealership might not be the worst in the world, his comments constituted protected speech because they were his opinion.
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