The Supreme Court's Role in the Case of Joint Participation

I find the significant encouragement test to be like the weakest of the state action tests, I really just, it's so hard to draw that line. We actually are in a situation where I think law needs to be made, heresy to put it that way but in the sort of common law constitutional sense of First Amendment. If this goes up to the Supreme Court, they're going to need to kind of look at this with fresh eyes and acknowledge that applying these precedents doesn't make for like a slam dunk decision.