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United States v. O'Brien
5-4
The Importance of Coherence in the Analysis of Texas v. Johnson
In the 60s, DC was literally like on fire. There were riots. In the 80s, conservatives were somewhat ascendant. Reagan was like marching to a monstrous reelection at the time of the flag burning and had been reelected when the case was decided. I do think that the real lesson is that you can purposefully stifle speech,. You just need a good enough excuse that the court will humor it.
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