Smith remains good law. Yet Fulton appears to have rewritten its meaning.
In this episode of Liberty Law Talk, I discuss with Professor John Inazu his new book Liberty’s Refuge: The Forgotten Freedom of Assembly. Inazu offers his thoughts on resurrecting this most important constitutional doctrine from the doldrums where it languishes as a result of Court rulings. Consequently, Inazu argues that the freedom of assembly is now unable to offer the full scope of protection to group autonomy that it once did and the harmful affects to associational liberty are increasingly being experienced. He also provides a constitutional and moral argument for a return to this most important of liberties.
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Anthony Deardurff reviews Liberty’s Refuge.