I love a judiciary that changes their mind based on whether they like the speech being protected.

I’m getting downvotes.

I didn't Decide the case, Alito, Scalia, Thomas, Roberts and Kennedy did.

This post was edited on 5/17/22 at 10:36 am

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Posted by squid_hunt

Baton Rouge

Member since Jan 2021

11272 posts

Posted on 5/17/22 at 10:48 am to SammyTiger

quote:
love a judiciary that changes their mind based on whether they like the speech being protected.

I bet you do.

Changing your political definitions every five minutes doesn't mean your government employer can force others to espouse your political beliefs. What next? Loyalty oaths and hailing our grand leader?

This post was edited on 5/17/22 at 10:49 am

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Posted by AggieHank86

Texas

Member since Sep 2013

42941 posts

Posted on 5/17/22 at 10:49 am to SammyTiger

quote:
I didn't Decide the case, Alito, Scalia, Thomas, Roberts and Kennedy did

That case made it clear that the inquiry would be fact-intensive.

I seems to me that the Court will see a significant distinction between (a) those things which the state can PROHIBIT an employee from saying (keep your mouth shut if you disagree) and (b) the ability of the state to force an employee to say something that the employee does not believe (you must actively advocate for a position that you oppose).

But I could be wrong.

This post was edited on 5/17/22 at 10:59 am

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Posted by Flats

Member since Jul 2019

21883 posts

Posted on 5/17/22 at 10:49 am to SammyTiger

quote:
I love a judiciary that changes their mind based on whether they like the speech being protected.

Even if that's what happened, you don't like a judiciary that lets their personal opinions determine their decisions? I'll bet Obergefell really bugged the hell out of you.

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