Musings on the First Amendment

March 23, 2015

The Supreme Court heard oral arguments today in Walker v. Texas Division, Sons of Confederate Veterans, Inc., No. 14-144. The case involves specialty license plates, and a state’s right under the First Amendment to limit the messages. In a nutshell, almost, the Sons of Confederate Veterans want a specialty license plate in Texas. The state said no, the trial court said no, the Fifth Circuit said yes, and the Supreme Court said “let’s take a look.”

Lyle Denniston for SCOTUSblog provides his usual first-rate analysis in Assuming the Answer, Up Front. As it is with so many issues, the premise will often determine the conclusion. Here, as Mr. Denniston notes, the case turns on whose speech appears

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