If the justices were willing to reinvent abortion jurisprudence, why not free speech law?
And if “history and tradition” made it easy to erase the rights of women and abortion seekers, Kacsmaryk appears to be counting on a similar argument about speech to open the door to conservatives’ new attempts at censorship.
The message of Kacsmaryk’s ruling is about much more than drag. It’s a sign of how much conservatives see speech, sex and reproduction as interconnected issues. And it’s a reminder that we have just begun to see the ripple effects of Dobbsfor a new conservative blueprint to constrain the freedom of speech when it comes to sex. And when he thinks of our national traditions, he sees not liberty but censorship.
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