Each year, the Supreme Court considers several cases testing the contours of the First Amendment’s protection of speech. The justices’ enthusiasm for these cases should not be surprising. The free speech guarantee is a core element of our country’s founding spirit and calls to protect dissident voices appeal to our visceral aversion to tyranny. In addition to those lofty principles, the underlying facts of First Amendment cases are almost always more enticing than, say, the average ERISA case competing for space on the court’s docket.
This solicitous view of free speech cases led one corporate attorney to counsel his clients, in jest (I think), that if they really wanted the Supreme Court to review their business case, they should remove their clothes and claim a First Amendment right to engage in the disputed conduct while naked.
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