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In this particular case, you would emphasize the distinction between speech and general commercial activity. Citizens United says you can't prohibit political s
by andrewfong 10y ago
In this particular case, you would emphasize the distinction between speech and general commercial activity. Citizens United says you can't prohibit political speech just because it was via a corporate entity or paid for with a lot of money. But the actual case was about an anti-Hillary Clinton movie. And subsequent applications of the law have concerned things like campaign advertising (e.g. all things that look like traditional political speech).
In this case, we're dealing with a condition of employment. Even if we consider it "speech", it's commercial, not political in nature, which courts could use to distinguish from the Citizens United precedent.