Originalist and Textualist Justices Should Reject Argument that First Amendment Includes Right to Anonymous Association, and Instead Apply Well-Established Exacting Scrutiny in AFP Case

Yesterday I wrote about how I understood the oral argument in AFP v. Bonta. Today I want to highlight some points raised by Justices Gorsuch, Kavanaugh, and Barrett about whether the First Amendment includes a right to anonymously associate. You … Continue reading Originalist and Textualist Justices Should Reject Argument that First Amendment Includes Right to Anonymous Association, and Instead Apply Well-Established Exacting Scrutiny in AFP Case