Via the Supreme Court Nomination Blog, I’ve come across Saxe v. State College Area School District, 240 F.3d 200 (3d Cir. 2001): “There is no categorical ‘harassment exception’ to the First Amendment’s free speech clause…. When laws against harassment attempt to regulate oral or written expression on such topics, however detestable the views expressed may be, we cannot turn a blind eye to the First Amendment implications.”
Good to know he takes at least a somewhat Volokhian (and Bernsteinian) view of such issues.
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