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Harisiades v. Shaughnessy
5-4
The First Amendment Is Tossed Aside in This Case
There's no evidence that any of them were actually engaged in a plot to overthrow the government. This is just some hapless people who at some point in the 1920s thought that communism sounded like a good idea. And in fact, there is no evidence that anyone here took any material steps to overthrow the United States government. So this case is sort of fucked up because everything that we understand the First Amendment to be now just gets like tossed aside by the court in this case. Yeah. It just feels ridiculous, but that is the state of free speech law in 1952.
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