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1/ It was an honor to write this brief on behalf of the First Amendment Lawyers Association, @techfreedom.org, and the Foundation for Individual Rights and Expression. techfreedom.org/dont-allow-b...
Don’t Allow Bureaucrats Broad Discretion over Free Expression, We Urge Ninth Circuittechfreedom.org
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2/ Allowing bureaucrats to license (or not license) First Amendment activity on the basis of subjective terms like "indecent" or "offensive" has never been constitutional, and that doesn't change just because the words appear in a public nuisance statute.
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3/ And in this particular moment in history, with so much agitation for licensing expressive platforms, allowing two judges on the Ninth Circuit to roll back limits on government licensing discretion would imperil the most important and consequential places for expression the world has ever seen.
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Both well written and well argued! Fingers crossed.