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Professor Vladeck Talks Progressive Legal Philosophy

Advisory Opinions

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First Amendment Retaliation

The fact that the constitution protects explicitly, explicitly, my rights to free speech means that the state has to tread particularly lightly if it wants to revoke any given benefit because of speech. And this is a very, very, very basic principle of first amendment retaliation that has been applied many, many times in american history. Now, it doesn't mean that every time you make a retaliation claim, and you can provide some evidence of motivation that your speech was an issue, doesnit mean that every single time you are going to win. Facts matter. Fact patterns matter. The specific benefit matters.

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