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Friday, January 26, 2018
Symposium: Whose side is the First Amendment really on?
As the petitioners in
Minnesota Voters Alliance v. Mansky
would have it, the case is a classic First Amendment dispute. In one corner, an intrepid band of would-be speakers. In the other, a misguided bureaucracy trying to silence them in the name of public order. It is understandable that the petitioners would want to frame the case this way, but accepting their frame misses the central problem the court must resolve. The First Amendment protects much more than the right to speak. Among other things, as we have been
reminded
throughout this term, the First Amendment also safeguards the right to vote.
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