"A First Amendment Issue" vs. "Absolutely Protected By The First Amendment" — A Common Free Speech Misunderstanding

In the last few years I've noticed a fundamental misunderstanding in how we talk about First Amendment law, particularly when wonks like me talk to normal people. The misunderstanding involves what it means for something to be a "First Amendment issue" or "governed by the First Amendment" or even "protected by the First Amendment." Take, […]