Wednesday, April 2, 2014

Collective Speech

Justice Breyer announces a NEWSPEAK interpretation of the First Amendment. Here's a brief explanation of his minority opinion in McCutcheon v. FEC:

"The First Amendment advances not only the individual's right to engage in political speech, but also the public's interest in preserving a democratic order in which collective speech matters," wrote Justice Stephen Breyer (his italics).
"Collective speech" sounds Orwellian as a legal doctrine that invites government as a leveller of free speech and is alien to the U.S. constitutional tradition. The scary thought is that the Court is only one heart attack away from gutting the core promise of American liberty.

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