Last week, in Murthy v. Missouri, the Supreme Court hammered home the distressing conclusion that, under the court’s doctrines, the First Amendment is, for all practical purposes, unenforceable against largescale government censorship. The decision is a strong contender to be the worst speech decision in the court’s history.
(I must confess a personal interest in all of this: My civil rights organization, the New Civil Liberties Alliance, represented individual plaintiffs in Murthy.)
All along, there were some risks. As I pointed out in an article called “Courting Censorship,” Supreme Court…
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