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Federal Judiciary

: Supreme Dicta

Like Abbott and Costello, except nerdier

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An instant message exchange today between myself and Mr. Justice Brandeis:

Brandeis: In my free speech seminar, someone yesterday spoke of James Dobson in an approving manner - I spit away the taste of his name.

Harlan: Lol. That's the downfall of free speech - stupid and false speech is still free. , e.g., Bong Hits for Jesus.

Brandeis: But not maliciously false speech, which is at least a step in the right direction.

Harlan: Right, although corporations get away with maliciously false speech all the time with the deference given to advertisements.

Brandeis: I thought commercial speech enjoyed less protection.

Harlan: There is no effective prosecution. The Enzyte people got away with their shit for years before they got caught.

Brandeis: What did they say that was maliciously false?

Harlan: That their product would grow your johnson. Remember Bob?

Brandeis: Do you know that their product won't grow your johnson?

Harlan: Ummm....I plead the 5th?

Full post as published by Supreme Dicta on September 10, 2008 (boomark / email).

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