Last week, in Murthy v. Missouri, the Supreme Court hammered home the distressing conclusion that, under the court’s doctrines, the First Amendment is, for all practical purposes, unenforceable against large-scale government censorship. The decision is a strong contender to be the worst speech decision in the court’s history.
(I must confess a personal interest in all of this: My civil rights organization, the New Civil Liberties Alliance, represented individual plaintiffs in Murthy.)
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