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Tag: La Fetra

January 26, 2012

Unions and speech: the First Amendment requires opt-in, not opt-out

When it comes to free speech rights, the Supreme Court typically applies the rule of "strict scrutiny," which holds that a government restriction on free speech is presumed unconstitutional, until the government proves otherwise. The reason is that, given the importance of freedom of speech, courts should "not presume acquiescence in the loss of fu ...