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The Supreme Importance of Wisconsin's Election
Strict Scrutiny
The First Amendment Defense for Donald Trump
A lot of attention has been focused on the speech that Trump gave on the ellipse prior to the storming of the Capitol, and whether that might constitute provable incitement. But if the inquiry were to also include Trump's efforts to induce or coerce conduct that is unlawful, but not criminal, that might be the sort of thing Justice Alito's question contemplates. So the bottom line is, I think they'll probably uphold this statute, maybe with a narrowing construction, but not invalidate the entire thing.
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