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I disagree. Case history is absolutely not clear about the difference between government encouraging action by companies vs. forcing said action, and whether the former is explicitly permissible.

I read the decision. It's not so great imo by federal bench standards. Judges who write sweeping statements like, “If the allegations made by plaintiffs are true, the present case arguably involves the most massive attack against free speech in United States’ history,” should not be taken very seriously. I'd say the Japanese Americans interned during WWII may like a word, given that they were allowed to neither practice the Shinto religion nor use Japanese in public gatherings.




He based "the most massive" on the total number of people affected.

Certainly not on the same scale of severity of the abuse of Japanese Americans, but much more massive based on the number of people affected.




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