When the government engages in shady, unconstitutional behavior, it’s usually not forthcoming about it. As courts have observed, “the government rarely flatly admits,” for example, that “it is engaging in viewpoint discrimination.” Instead, it cloaks its discriminatory policies in “neutral” language, an ...
The United States Supreme Court recently heard oral argument in Harris v. Quinn, an important compelled-speech case. This case challenges Illinois’ classification as “state employees” of all home health-care workers that receive reimbursements from the government’s Medicaid program. As a part of that classification, Illinois ...