Nuking the Independent Legislature Doctrine
Advisory Opinions
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The Court's First Error in New York Times v. Sullivan
David Gergen: New York Times v. Sullivan, where does that fit in an originalist court? He says the majority's first error is awarding true threats "pride of place among unprotected speech" The dissent goes up this ladder from mostly objective tests to defamation being a not all that objective test he says. Gergen: I don't understand how if you're a real textualist slash originalist, we have all of these different tests for all these different types of unprotected speech.
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