Comments on: Things We Read Today: Runaway Supremes Edition

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By: Will

Will — Sun, 02 May 2010 15:02:27 +0000

David, it sounds like you are saying it is right for congress to limit companies from making factual claims about their products but it is wrong to limit them from making distorted claims about legislation to sway voter opinion.

By: David in Cal

David in Cal — Mon, 26 Apr 2010 16:53:41 +0000

Shaun P. - I’m not a complete “First Amendment Absolutist”. I do think certain types of dangerous speech can be banned, such as shouting “fire” in a crowded theatre. I think it’s Constitutional for the Government to regulate claims made about pharmaceuticals and other commercial speech.

The area where I am more of an absolutist would be political speech. Earlier SC decisions have held that political speech deserves the highest protection, and that makes sense to me.

By: Shaun P.

Shaun P. — Mon, 26 Apr 2010 15:44:33 +0000

Glenn Greenwald wrote extensively on Citizens United. In short, he said that while its clearly quite bad from a policy point of view, it was (probably) rightly decided from a constitutional law point of view (at least from his). Larry Lessig disagreed - it was an illuminating discussion, you can find it at salon.com - and I agree with Prof. Lessig.

Of course, as best I can tell, Glenn Greenwald is a 1st Amendment absolutist, like Justice Douglas was. I’m not. David, am I safe in guessing from your post above that you are an absolutist too?