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The Freedom of Speech
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The Dark Part of the First Amendment Test
The idea that we would even entertain the possibility that the termination of whether this is free speech will turn completely on that subjective intent standard is terrifying. The fact that the court is not entertaining them on the same level shows that buried beneath every abstract neutral principal is really a set of assumptions about whose speech matters and whose doesn't. And there's a potentials that it's going to narrow that test even more.
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