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Hateful Conduct (But Actually Speech)

Advisory Opinions

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The Constitution Protects What You Might Call Hateful Conduct

David Gergen: This is a classic case that is a great teaching tool for all of those folks who walk around saying the Constitution doesn't protect hate speech. He says this law was just running straight into the headwinds of controlling precedent and it's not remotely surprising that it was enjoined by a federal district court. "The proudest boast of our free speech jurisprudence is that we protect the freedom to express the thought that we hate," he adds.

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