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The 1st Amendment is not an absolute bar on any restrictions on speech whatsoever. It is a bar on state action to limit (or compel) protected speech on the basi
by jcranmer 2y ago
The 1st Amendment is not an absolute bar on any restrictions on speech whatsoever. It is a bar on state action to limit (or compel) protected speech on the basis of content. I could load you up with legalese here, but the rather simple explanation of the matter is that, if it's not restricting speech for political opinions (in a very expansive sense of political), then it probably will pass constitutional muster.
If I have the underlying context right here, this is effectively regulation prohibiting people from lying in the course of their normal operations, which smells a lot like a typical fraud statute, and government restrictions on fraud-like things have almost always been upheld as constitutional. (The main exception I'm aware of is US v Alvarez, but even there, SCOTUS said it was only a problem to ban lying for lying's sake; banning lying with the purpose of getting a benefit is acceptable).