"But it is consistent with existing First Amendment law".
"The speech does not fall into any existing First Amendment exception".
Under existing First Amendment jurisprudence, however, such potential for consumer confusion is insufficient to justify restrictions on truthful speech.
The majority rejected California's argument that under existing First Amendment jurisprudence, regulations of professional and commercial speech should be treated with a lower level of scrutiny than regulations of political speech and speech related to public discourse.
Last month, Judge Nicholas G. Garaufis of the Federal District Court in Brooklyn turned down a government request for 113 days of location data from cellphone towers, citing "Orwellian intrusion" and saying the courts must "begin to address whether revolutionary changes in technology require changes to existing Fourth Amendment doctrine".
Without widespread familiarity with the potential pitfalls, as well as robust self-regulation, AR will not only suffer from systemic security issues, it may be subject to stringent government oversight, slowing innovation, or even threaten existing First Amendment rights.
Yet, the existing Fourth Amendment jurisprudence is tethered to a "reasonable expectation of privacy" test that does not appear to restrain the comprehensive, suspicionless amassing of databases that concern the biometric data, movements, activities, and other personally identifiable information of individuals.
Most of the laws enacted or considered so far don't go further than reinforcing existing First Amendment law.
That change would merely reiterate existing First Amendment case law on the subject, he said, but it might stop colleges from being overeager to cancel such events.
4. Sanchez points to existing First Amendment exceptions as justifications for her proposal, but those exceptions are narrow, and far removed from what she's talking about.
