Government criticism of the Supreme Court on religion-related
tushnet at law.georgetown.edu
Tue Jul 12 14:52:23 PDT 2005
I haven't commented on this thread, mostly because I thought the
answer was pretty straight-forward from Justice Souter's
invocation of "common sense" as a legal technique in addressing
this kind of problem.
I could get fancier about this (in the initial version, what does
common sense tell you about the purpose of presenting the
protest in this particular form? in the revised version, what does
common sense tell you about the choice of this particular form of
"vivid" display when other "vivid" displays of protest are clearly
possible, like displaying an "Impeach Justice Souter" banner?),
but in some sensse that would be inconsistent with the technique.
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