Alito and free speech
We disagree with the District Court’s reasoning. There is no categorical “harassment exception” to the First Amendment’s free speech clause. Moreover , the SCASD Policy prohibits a substantial amount of speech that would not constitute actionable harassment under either federal or state law.
I’ve said before that with free speech should come the expectation to occasionally be offended. Alito seems to agree.
November 3rd, 2005 at 4:07 pm
Err, this was a 3-0 decision in a “liberal” east coast circuit, so even the “liberal, activist” judges that so frequently disagree with him all agreed on this. So this proves what, that Alito is reasonable once in a while? 🙂