Tuesday, May 6, 2014

Speech Coding | National Review Online

Speech Coding | National Review Online: "One other observation: When a justice embraces a principle in a case involving a speaker of one ideology, the justice is committing to apply that principle in cases involving speakers of other ideologies. Further, when a Court majority embraces such a principle, it is obligating lower courts to apply that principle to all speakers. Any good justice recognizes this, of course, and will test the proposed principle against his political biases in order to make sure that it is sound. So unless there is something about the principle that makes it more likely to be invoked by speakers of one ideology, or unless there is no discernible principle set forth, I don’t see why a justice would be tempted to decide a case based on the ideology of the particular litigant."



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