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How Not to Win an Argument About First Amendment Law

catologo“If you’ve read op-eds about free speech in America, or listened to talking heads on the news, you’ve almost certainly encountered empty, misleading, or simply false tropes about the First Amendment,” argues Los Angeles litigator Ken White in an Atlantic essay. “Those tired tropes are barriers to serious discussions about free speech.” Among verbal gestures that help very little or not at all when you’re trying to establish whether particular speech is protected under current First Amendment law:


" Sincerity is to speak as we think, to do as we pretend and profess, to perform and make good what we promise, and really to be what we would seem and appear to be. "
—John Tillotson

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