Maybe, but 1A argument seems like a stretch to me. Otherwise "political" speech is often introduced as proof of intent in discrim. cases...https://twitter.com/rickhasen/status/842914189945450496 …
.@steve_vladeck I'm not saying *I* buy argument. I'm saying SCOTUS conservatives well might buy it, or use it as excuse
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Check out Bybee's swipe at Trump in the last graph of his dissent.
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? Using Federalist Papers in a court decision is contextual-how is that different from campaign speech?
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