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The Supreme Court Hears Oral Arguments in Gonzalez and Taamneh

The Lawfare Podcast

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Is There a First Amendment Right to Promote Terrorism?

In Holder versus Humanitarian Law Project, the court drew a fairly sharp line limiting the First Amendment claims to do things on behalf of terrorist organizations. The argument is fundamentally about the collateral sort of second order consequences for everyone else of a liability regime that opens platforms and phone companies or whomever to treble damages just because they happen to include some terrorists among them.

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