Explaining why Justice Jackson and Sotomayor were the lone dissenters in last week's big free speech case.
, the court recognized that speech is separate from conduct, and that verbal support for civil disobedience is an essential part of political reform., the word “encourages” in the Encouragement Provision treads upon the First Amendment by criminalizing speech that lacks anof such transgressions. Instead of striking down this unconstitutional provision, though, the court decided to edit it so that it would be more likely to pass constitutional muster.
While the government does have a compelling interest to defend its borders, it still cannot prohibit dissenting views on immigration enforcement. If the government selectively targets certain perspectives, it engages in unlawful “
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