Alito on Free Speech

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Eugene Volokh has a nice article about Judge Alito on free speech and free exercise.

It's interesting in two ways. It shows that his differences from some of the justices he's being compared to (most notably Scalia but also Rehnquist), and it shows how the usual categorizations of the justices on the 1994-2005 Rehnquist court don't easily map onto the tendencies on these issues. Scalia is a moderate on free speech, while Thomas and Rehnquist are on opposite ends. Souter is on the same end as Thomas. Breyer is on the same end as Rehnquist. The standard categories or liberal, conservative, and moderate have completely failed us in predicting free speech votes on the Supreme Court.

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