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March 03, 2011


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Alfred Brophy

Hi Calvin--is there a link to the podcast?


I'm pleased with the Court's holding in this case. At bottom, we take issue with the Phelps' speech because we despise its content. That raises enough red flags to warrant a pretty hefty dose of caution.

The absence of meaningful discussion about the internet posting is interesting. I disagree with how Alito characterized the internet communication (I'm not convinced it was as 'targeted' as Alito made it seem) but I actually thought Breyer's concurrence said more about the internet than Alito. I read his concurrence as warning that the Court may reach the same result in a case based entirely upon internet communication.

Anyway, thanks for the coverage. I look forward to the podcast.


Lot of folks might disagree, but I think the Supreme Court got it right on this.

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