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	Comments on: Some Thoughts On the Belfast Project in the Supreme Court	</title>
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		<title>
		By: Ted Folkman		</title>
		<link>https://lettersblogatory.com/2012/10/26/some-thoughts-on-the-belfast-project-in-the-supreme-court/#comment-845</link>

		<dc:creator><![CDATA[Ted Folkman]]></dc:creator>
		<pubDate>Fri, 26 Oct 2012 17:34:10 +0000</pubDate>
		<guid isPermaLink="false">http://lettersblogatory.com/?p=11132#comment-845</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://lettersblogatory.com/2012/10/26/some-thoughts-on-the-belfast-project-in-the-supreme-court/#comment-844&quot;&gt;Max Kennerly&lt;/a&gt;.

Max, you certainly have strong views on the case!]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://lettersblogatory.com/2012/10/26/some-thoughts-on-the-belfast-project-in-the-supreme-court/#comment-844">Max Kennerly</a>.</p>
<p>Max, you certainly have strong views on the case!</p>
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		<title>
		By: Max Kennerly		</title>
		<link>https://lettersblogatory.com/2012/10/26/some-thoughts-on-the-belfast-project-in-the-supreme-court/#comment-844</link>

		<dc:creator><![CDATA[Max Kennerly]]></dc:creator>
		<pubDate>Fri, 26 Oct 2012 11:00:19 +0000</pubDate>
		<guid isPermaLink="false">http://lettersblogatory.com/?p=11132#comment-844</guid>

					<description><![CDATA[If we were talking about the Supreme Court of 50 years, I&#039;d say &quot;there are strong First Amendment policy reasons in favor of quashing the subpoena,&quot; and I&#039;d be optimistic that either the files would be protected (which I favor for reasons of historical importance) or future projects would have clear guidance.

Today, the SCOTUS record is so dismal that all I have is snark. As I&#039;ve written before (with a bunch of links that won&#039;t carry through here), &quot;Don’t believe all that hooey about the Roberts Court being principled because they are protective of First Amendment rights. They’re not, not unless a corporation is the one “speaking” and the &#039;speech&#039; is for profit, or unless the speech poses no threat to corporate interests, like dog-crushing videos or homophobic protests of soldiers’ funerals. Peacefully protest Wall Street and you’ll be pepper-sprayed in the face, with free speech rights that are ambiguous at best and rights against police violence almost impossible to enforce.&quot;

I have no confidence they&#039;ll offer anything but nonsense in this case, and I presume that the five conservatives will dodge the larger and thornier questions — the ones they have a constitutional duty to address — by inventing some reason the &quot;plain meaning&quot; shows they can&#039;t quash the subpoena.]]></description>
			<content:encoded><![CDATA[<p>If we were talking about the Supreme Court of 50 years, I&#8217;d say &#8220;there are strong First Amendment policy reasons in favor of quashing the subpoena,&#8221; and I&#8217;d be optimistic that either the files would be protected (which I favor for reasons of historical importance) or future projects would have clear guidance.</p>
<p>Today, the SCOTUS record is so dismal that all I have is snark. As I&#8217;ve written before (with a bunch of links that won&#8217;t carry through here), &#8220;Don’t believe all that hooey about the Roberts Court being principled because they are protective of First Amendment rights. They’re not, not unless a corporation is the one “speaking” and the &#8216;speech&#8217; is for profit, or unless the speech poses no threat to corporate interests, like dog-crushing videos or homophobic protests of soldiers’ funerals. Peacefully protest Wall Street and you’ll be pepper-sprayed in the face, with free speech rights that are ambiguous at best and rights against police violence almost impossible to enforce.&#8221;</p>
<p>I have no confidence they&#8217;ll offer anything but nonsense in this case, and I presume that the five conservatives will dodge the larger and thornier questions — the ones they have a constitutional duty to address — by inventing some reason the &#8220;plain meaning&#8221; shows they can&#8217;t quash the subpoena.</p>
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