Sounding Very Much Like a (Tough) Law Professor Explaining to Students How to Make Stronger Arguments

Justice Kagan’s dissent today: “The majority breezily dismisses this comparison, labeling the analogy “not even close” because disclosure requirements result in no payment of money to a speaker’s opponent. That is indeed the factual distinction: A matching fund provision, we can all agree, is not a disclosure rule. But the majority does not tell us why this difference matters. Nor could it.”

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