Taming Free Speech w/ Laura Weinrib
The Dig
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The Right of Agitation
In the early 20th century, it was labor radicals at the ACLU who began to embrace and define civil liberties as fundamentally linked to what you call the right to agitation. What did agitation mean at that time? And how did it go beyond or differ from this now conventional distinction between expression that's protected by the First Amendment and actions that are not? Yeah. So if you open up a contemporary labor law case book, you'll see that the rights that I've suggested were core to the right of agitation ... Those are heavily regulated and they do not today receive First Amendment protection. They're just outside the scope of what the First Amendment protects.
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