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2023 Annual Supreme Court Review

Live at the National Constitution Center

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Justice Sotomayor's Concern About Expressive Speech in Public Accommodations

Sotomayor's concern is A, how do we determine what is expressive under this new analysis if you're going to have a carve out from public accommodations law? It has never existed. There's no other party to claim dignitary interest. And so I think Justice Sotomayor writing this very, very sharp as Miguel says dissent has to try to give voice to all of the perceived people who will be refused services. The absence of anyone on the other side meant that there was really only one compelling story told.

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