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Brian Kemper @bwkemper.bsky.social

for the Doctrine. Given the dwindling use of that medium and the increasingly exponential increase in avenues for viewpoint expression on cable channels, social media sites, and podcasts, it's likely SCOTUS would rule differently today. Some courts were even suggesting it in the 1990's ...

aug 26, 2025, 7:55 pm • 2 0

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Brian Kemper @bwkemper.bsky.social

with regard to the "personal attack" rule which was the rule at issue in Red Lion and was not repealed with the rest of the Doctrine but ended in 2000. transition.fcc.gov/Bureaus/Mass...

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aug 26, 2025, 7:57 pm • 1 0 • view
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Brian Kemper @bwkemper.bsky.social

Second, SCOTUS has made clear that while technology may change, 1A protection of speech or "expressive activity" does not. Just because a new media comes along, it doesn't mean that 1A won't protect that medium.

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aug 26, 2025, 8:00 pm • 2 0 • view