4 ms·
To justify your interpretation, you'd have to explain why the SC hasn't followed up that ruling with another ruling that establishes their standard for weighing
by leereeves 8y ago
To justify your interpretation, you'd have to explain why the SC hasn't followed up that ruling with another ruling that establishes their standard for weighing those competing interests in such a way that the 1st amendment concerns are overcome.
Such speculation was possible in June of 2018, but hard to defend now.
- ceejayoz 8y agoMultiple reasons. First, cases take a long time to wind through this process. SCOTUS picks cases for the next year, they take months to decide and write up, and all this requires a test case to have reached them in the first place. The justices may also not yet feel comfortable enough that they know exactly where the dividing line is to take on a test case, either. Not much moves quickly in the court system. Not having a follow-up a case in the very next term isn't indicative of much.