To Speak or Not to Speak, That Is Your Liberty: iJanus v. AFSCME/i

Some Supreme Court precedents go through extensive death spasms before being interred. Lochner v. New York , Plessy v. Ferguson , and Austin v. Michigan Chamber of Commerce come to mind. Others like Chisholm v. Georgia and Minersville School District v. Gobitis incurred a swift and summary execution. Still others, overtaken by subsequent cases, remain wraith-like presences among the Court’s past acts: Beauharnais v. Illinois and Buck v. Bell , for example, remain “on the books.”