The Role of the Supreme Court in Protecting Speech

In the 1980s, conservatives were in a bind because there had been a kind of settlement on the Supreme Court. They could not chip away at government regulation unless they took on this court settlement. And what they saw as their opportunity was to re-describe or re-imagine activity in the economy and think of it as speech. That proved to be the Trojan horse by which more and more areas of the economy could be redescribed as speech.