The government cannot abridge free speech. U.S. Const. amend. I. A private party, on the other hand, bears no such burden—it is ‘not ordinarily constrained by the First Amendment.’ Manhattan Cmty. Access Corp. v. Halleck, 139 S. Ct. 1921, 1930 (2019). That changes, though, when a private party is coerced or significantly encouraged by the government to such a degree that its ‘choice’—which if made by the government would be unconstitutional, Norwood v. Harrison, 413 U.S. 455, 465 (1973)—’must in law be deemed to be that of the State.’ Blum v. Yaretsky, 457 U.S. 991, 1004 (1982); Barnes v. Lehman, 861 F.2d 1383, 1385–36 (5th Cir. 1988). This is known as the close nexus test.
...
We agree that the Plaintiffs have shown that they are likely to suffer an irreparable injury. Deprivation of First Amendment rights, even for a short period, is sufficient to establish irreparable injury.
This whole case is covered nicely by this:
2 comments:
Someone send this to Liberty safes as the 1st and 5th amendments are equally protected.
Anonymous comment about Liberty Safes was appropriate and timely. They are no different than the Democrat party, which screws the American people over our God given freedoms, as protected by the brilliantly written U.S. Constitution. One can only hope that this sort of infringement by anyone will come back to haunt them. I know that the only way it will happen is if freedom loving Patriots everywhere remain vigilant and vociferous. Now is not the time to be bogged down with other issues such as how angry we might be at the leadership of the NRA, or our concern about social policies. Those things are at the least, intentional distractions to keep us from paying attention to that which is of major importance, namely our freedom. While worrying about the LGBTQ issue, which is important, our eye is not on the ball of ever encroaching governmental control via executive fiat or agencies rule making.
Don't let them distract us from the most important thing, our freedom as a nation. For it is apparent that there are many out there, both liberal and conservative, whose desire is to control everything. As has been said before, you can vote your way into socialism, but you have to fight your way out. Better if we simply don't let things go that far.
Post a Comment