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Assume Congress passed a law forbidding all postal workers from speaking publicly in favor of any political
candidate. If a worker was found to be violating this law, that worker would be immediately fired with no right to
a hearing.
How would you evaluate the validity of this statute under the Fifth Amendment’s due process guarantees?
Discuss what justifications, if any, the case of Texas v. Johnson cited for limiting free expression rights and
whether it would apply in this circumstance?
Under what circumstances, if any, should the government be able to prohibit the expression of an idea simply
because society finds the idea offensive or disagreeable?

 

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