Independent Special Prosecutor v. Kisswani (2024): Difference between revisions
→Campaign Expenditure Limit: Reasonableness Tags: Mobile edit Mobile web edit |
→Concurrence: Abrogate Tags: Mobile edit Mobile web edit |
||
| Line 60: | Line 60: | ||
Lobbezoo observed that more recent decisions recognized a Free Speech Clause quite different from what ''Parikh'' imagined. While acknowledging that Parikh's outdated framework had been limited to its facts, the concurrence expressed concern about letting it "lie about like a loaded weapon ready to be brandished by the hand of any authority in a future case" (quoting Justice Jackson's dissent in ''[https://en.wikipedia.org/wiki/Korematsu_v._United_States Korematsu]''). | Lobbezoo observed that more recent decisions recognized a Free Speech Clause quite different from what ''Parikh'' imagined. While acknowledging that Parikh's outdated framework had been limited to its facts, the concurrence expressed concern about letting it "lie about like a loaded weapon ready to be brandished by the hand of any authority in a future case" (quoting Justice Jackson's dissent in ''[https://en.wikipedia.org/wiki/Korematsu_v._United_States Korematsu]''). | ||
Though the opinion of the court | Though the opinion of the court effective abrogated the underlying reasoning of ''Parikh'', the concurrence suggested explicitly overruling ''Parikh'''s free speech analysis altogether. | ||