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I think most jurists would agree that the Sedition Act is dead for all practical purposes. Most modern First Amendment jurisprudence only started being written
by otterley 5y ago
I think most jurists would agree that the Sedition Act is dead for all practical purposes. Most modern First Amendment jurisprudence only started being written after the Vietnam War, commencing with Brandenburg v. Ohio, 395 U.S. 44 (1969), and the Sedition Act would be unlikely to survive scrutiny today.
- voidfunc 5y agoThe reality though is, SCOTUS can decide to trash precedent at-will once a case is in front of them. If you put political hacks into the SCOTUS and they decide the Sedition Act is legal then its suddenly back on the table. This is the danger of an overly political SCOTUS.