Free Speech for the Goose

Free Speech for the Goose

The New York Times, borrowing Supreme Court Justice Elena Kagan’s language from her dissent in last week’s Janus v. AFSCME case, purported in a June 30 article to explain "how conservatives (have) weaponized the First Amendment." The plaintiff in Janus successfully argued that he should not be forced to pay public sector union dues that support political causes he opposes. And the Janus decision was released the day after National Institute of Family and Life Advocates v. Becerra. In Becerra, plaintiffs were pro-life pregnancy centers opposing California’s Reproductive FACT Act, a statute which forced them to promote and advertise for abortion services. Both plaintiffs won their cases on First Amendment free speech grounds. (And three weeks prior, Masterpiece Cakeshop owner Jack Phillips won his suit challenging a Colorado Civil Rights Commission decision sanctioning him for refusing to create a wedding cake for a gay couple. Phillips, too, won on First Amendment grounds.) As Times author Adam Liptak notes, passionate defense of First Amendment rights was once de rigueur for self-proclaimed leftists. But now that it’s conservatives who are asserting their rights to free speech, the left is sounding the alarm. Liptak writes, "(L)iberals, who once championed expansive First Amendment rights are now uneasy about them." Immediately thereafter, he quotes renowned First Amendment litigator Floyd Abrams, who says, "Now, the progressive community is at least skeptical and sometimes distraught at the level of First Amendment protection which is being afforded in cases brought by litigants on the right." This brief […]

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Free Speech for the Goose

Free Speech for the Goose

The New York Times, borrowing Supreme Court Justice Elena Kagan’s language from her dissent in last week’s Janus v. AFSCME case, purported in a June 30 article to explain "how conservatives (have) weaponized the First Amendment." The plaintiff in Janus successfully argued that he should not be forced to pay public sector union dues that support political causes he opposes. And the Janus decision was released the day after National Institute of Family and Life Advocates v. Becerra. In Becerra, plaintiffs were pro-life pregnancy centers opposing California’s Reproductive FACT Act, a statute which forced them to promote and advertise for abortion services. Both plaintiffs won their cases on First Amendment free speech grounds. (And three weeks prior, Masterpiece Cakeshop owner Jack Phillips won his suit challenging a Colorado Civil Rights Commission decision sanctioning him for refusing to create a wedding cake for a gay couple. Phillips, too, won on First Amendment grounds.) As Times author Adam Liptak notes, passionate defense of First Amendment rights was once de rigueur for self-proclaimed leftists. But now that it’s conservatives who are asserting their rights to free speech, the left is sounding the alarm. Liptak writes, "Liberals, who once championed expansive First Amendment rights are now uneasy about them." Immediately thereafter, he quotes renowned First Amendment litigator Floyd Abrams, who says, "Now, the progressive community is at least skeptical and sometimes distraught at the level of First Amendment protection which is being afforded in cases brought by litigants on the right." This brief […]

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Free Speech for the Goose

Free Speech for the Goose

The New York Times, borrowing Supreme Court Justice Elena Kagan’s language from her dissent in last week’s Janus v. AFSCME case, purported in a June 30 article to explain "how conservatives (have) weaponized the First Amendment." The plaintiff in Janus successfully argued that he should not be forced to pay public sector union dues that support political causes he opposes. And the Janus decision was released the day after National Institute of Family and Life Advocates v. Becerra. In Becerra, plaintiffs were pro-life pregnancy centers opposing California’s Reproductive FACT Act, a statute which forced them to promote and advertise for abortion services. Both plaintiffs won their cases on First Amendment free speech grounds. (And three weeks prior, Masterpiece Cakeshop owner Jack Phillips won his suit challenging a Colorado Civil Rights Commission decision sanctioning him for refusing to create a wedding cake for a gay couple. Phillips, too, won on First Amendment grounds.) As Times author Adam Liptak notes, passionate defense of First Amendment rights was once de rigueur for self-proclaimed leftists. But now that it’s conservatives who are asserting their rights to free speech, the left is sounding the alarm. Liptak writes, "(L)iberals, who once championed expansive First Amendment rights are now uneasy about them." Immediately thereafter, he quotes renowned First Amendment litigator Floyd Abrams, who says, "Now, the progressive community is at least skeptical and sometimes distraught at the level of First Amendment protection which is being afforded in cases brought by litigants on the right." This brief […]

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Free Speech for the Goose

Free Speech for the Goose

The New York Times, borrowing Supreme Court Justice Elena Kagan’s language from her dissent in last week’s Janus v. AFSCME case, purported in a June 30 article to explain "how conservatives (have) weaponized the First Amendment." The plaintiff in Janus successfully argued that he should not be forced to pay public sector union dues that support political causes he opposes. And the Janus decision was released the day after National Institute of Family and Life Advocates v. Becerra. In Becerra, plaintiffs were pro-life pregnancy centers opposing California’s Reproductive FACT Act, a statute which forced them to promote and advertise for abortion services. Both plaintiffs won their cases on First Amendment free speech grounds. (And three weeks prior, Masterpiece Cakeshop owner Jack Phillips won his suit challenging a Colorado Civil Rights Commission decision sanctioning him for refusing to create a wedding cake for a gay couple. Phillips, too, won on First Amendment grounds.) As Times author Adam Liptak notes, passionate defense of First Amendment rights was once de rigueur for self-proclaimed leftists. But now that it’s conservatives who are asserting their rights to free speech, the left is sounding the alarm. Liptak writes, "(L)iberals, who once championed expansive First Amendment rights are now uneasy about them." Immediately thereafter, he quotes renowned First Amendment litigator Floyd Abrams, who says, "Now, the progressive community is at least skeptical and sometimes distraught at the level of First Amendment protection which is being afforded in cases brought by litigants on the right." This brief […]

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This site uses Akismet to reduce spam. Learn how your comment data is processed.