Yes, that's, I think, an extension of the traditional right that I was talking about that existed under common law, and it's been developed by state legislatures, and in some instances, state courts to deal with the living will situation and advances ... in medical technology, which create new issues in this area.
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Judicial review after a final decision is the general rule. You're assuming bad faith on the part of those making these decisions.Samuel Alito
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In this case, the need for such consultation was acute, since we made it abundantly clear to your office that we had serious legal objections.
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There is no categorical 'harassment exception' to the First Amendment's free speech clause. There is of course no question that non-expressive, physically harassing conduct is entirely outside the ambit of the free speech clause. But there is also no question that the free speech clause protects a wide variety of speech that listeners may consider deeply offensive, including statements that impugn another's race or national origin or that denigrate religious beliefs.
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