Ken WhiteI was procrastinating from making pie and so I wrote a post: why the observation “well, there are exceptions to the First Amendment” is not particularly helpful.
https://popehat.substack.com/p/the-first-amendment-isnt-absolute
Yes, I am aware that normal people procrastinate from writing about law by making pies and not the other way around.
SupposeNot@Popehat that article made perfect sense to me until I remembered the current Supreme Court basically said “settled law doesn’t mean shit if we don’t like it” when they overturned RvW with the Dobbs decision in what I’ve been informed (not being a lawyer myself) was a horseshit legal argument.
So why trust the current court to not create new categories of speech that can be restricted as long as it is likely to injure the right people, and not the wrong ones (in their view)?
Rufus J. Cooter@Supposenot @Popehat
Yep - agree with this. I think that Ken is absolutely correct about the state of play up until Kav & ACB got confirmed; now, though, I think the Roberts court has made it clear that the constitution says whatever they say it says, and they don't give the tiniest fraction of a fuck about your precious little "precedents".
Which is what some folks have long wanted, and I'm sure they will never regret, as the court is a static institution, not subject to change.