What are the five initial customization rights
Has Governor Cuomo Suspended First Adjustment Rights?
TL; DR: Yes, it restricts freedom of speech, but how much is controversial.
I don't think you can draw a line in the sand to generally determine if something is restricting freedom of speech. Consider the following scenarios:
In the cafeteria of a community where the Residents pay for their meals , on a certain day, the cafeteria decides to make meals free. However, if you wear an orange shirt that day, you will either have to change into a shirt of a different color or pay for your meals that day.
If you are in the cafeteria of an age group in the Meals offered free of charge If you are going to wear an orange shirt, you will either have to change to a different color shirt or pay for your meal.
In the cafeteria of a community where the Residents save their entire lives to live there for the rest of their lives , if you wear an orange shirt you will either have to change to a shirt of a different color or you will have to pay for your meal.
The expected effect of each scenario is:
- Residents with very little money would appreciate the free meal more than those with a lot of money. The most likely result is that very poor residents would not wear orange shirts.
- Residents without money have no choice but to avoid wearing orange shirts. Residents with very little money were unlikely to wear orange shirts. Wealthy residents can wear orange shirts with no worries.
- All residents have no money and therefore no residents can wear orange shirts unless they want to go hungry that day.
Indeed, all of these scenarios contain an element of restricting free speech and / or maintaining control, although they vary widely in severity and which groups are more directly affected.
The definition public funds is not in question, but it may depend on the tax rate at which these funds are generated. With a tax rate of 100%, with all provisions coming from public funds, there is no choice (scenario 3). Everything else is a fuzzy line. Some companies cannot survive without public funding; others can do well.
As a side note, this reminds me when Louisiana had a void that caused the effective drinking age to turn 18, but when faced with the loss of federal highway funding, they gave in and raised it to 21 in line with the rest of the US.
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