A note on what the future will look like and how we'll get there.
[Justice] Thomas’s invention of “partially protected” speech,
that somehow means you can burden those for which it
is protected, is particularly insidious because
it’s infinitely expandable. Any time the government wants
to burden speech, it can simply argue that the burden is built
into the right itself—making First Amendment protection
vanish exactly when it’s needed most.
This isn’t constitutional interpretation;
it’s constitutional gerrymandering.