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George Washington University law professor Jonathan Turley notes that in 2004 the Federal Election Commission held that the anti George W. Bush movie “Fahrenheit 9/11” did not need to be regulated as an “electioneering communication” but in 2008 held that the hostile “Hillary: The Movie” was such a communication. In the regulatory state, the rule of law is the rule that law barely limits regulators’ discretion..

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Like it or not, private corporations or entities have the right to restrict speech of employees, and they do it all the time. “Typically an employer can,” says Ken Paulson, president of the First Amendment Center. “You have no guarantee of free speech rights in the workplace, and if you think otherwise, try marching on your boss’s office and demanding a raise.”.

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