"In both cases, government agencies say the activities they are restricting don’t even amount to speech that warrants First Amendment protection. In both cases, lower courts ruled that the First Amendment was implicated.
The Commission on Ethics of the State of Nevada v. Carrigan is the case that asks whether a vote cast by an elected officials is protected speech. If the Supreme Court rules that it is, the commission argues, then ethics rules restricting that speech by requiring elected officials, including judges, to recuse themselves from voting in certain instances would be in peril."
2 new cases asking what First Amendment protects make their way to SCOTUS
firstamendmentcenter.org analysis:
