Image by megabn via Flickr While I suppose it would be plausible for other circuits to deal with tattoos as political speech, it’s really no surprise that it was the the U.S. Court of Appeals for the Ninth Circuit, in Anderson v. City of Hermosa Beach, that actually did. And that found them to be speech. Some […]
Money and Free Speech
July 6, 2010 by
In favor of campaign finance laws that limit speech, have you ever heard the argument that “money isn’t speech?” Truth of the matter is, it’s probably not. But there’s a caveat… Apply this argument to other constitutional rights, and the argument starts to dissipate like dew in the morning sun. Says Eugene Volokh, a constitutional […]
Kabuki or dissent?
February 1, 2010 by
New York Times writer Linda Greenhouse has an interesting analysis of Justice Scalia’s criticism of Chief Justice Robert’s opinion in Citizens United. In the campaign finance case, he accused Chief Justice John G. Roberts Jr. of “faux judicial modesty” for writing an opinion that in Justice Scalia’s view effectively overturned the court’s 2003 campaign finance decision […]
“Money talks,” say Angus and Malcolm Young; SCOTUS listens.
January 22, 2010 by
When they penned “Money Talks,” Angus and Malcolm probably didn’t know how close they were to the First Amendment, but on Wednesday the Supremes agreed: money is speech, and under the First Amendment of the U.S. Constitution, Congress cannot pass any law which restrains speech. For a lot of people, Senator John McCain among the exceptions, […]
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