One of the hardest things to swallow for people who are friendly toward Free Speech is that the people you dislike are entitled to it as much as you are. Sure, they may be wrong, even lie, whereas of course you would never do such a thing, and yet, within the normal legal parameters, they still get to speak without suffering any governmental penalty for it. That’s the position taken by three prawfs, Eugene Volokh, Rebecca Roiphe and Nadine Strossen, in an amicus brief in support of John Eastman in support of cert before the Supreme Court.
The last ten years have seen many attempts to punish or compel professionals’ speech in the service of broader ideological goals. This Court rejected two such attempts, in NIFLA v. Becerra, 585 U.S. 755 (2018), and in Chiles v. Salazar, 607 U.S. 627 (2026). It should likewise consider the constitutionality of the punishment in this case—a punishment that, if left unreviewed, portends still more such attempts. Continue reading
