15min chapter

The Lawfare Podcast cover image

Jawboning at the Supreme Court

The Lawfare Podcast

CHAPTER

Analysis of First Amendment Doctrine and Legal Cases

This chapter delves into the complexities of First Amendment doctrine through an examination of legal cases like Bantam Books and Blum versus Juretsky. It discusses the distinctions between coercion and persuasion in governmental influence on private actors, the stringent tests set by the court for state action regarding private actors, and the implications for free speech in various contexts. The speakers explore the challenges of crafting a rule that balances freedom of speech with government authority, emphasizing the importance of case-by-case adjudication for claims involving state action and First Amendment protections.

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