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Dismissing the ruling’s claim that the restriction was not “content-based,” Justice Scalia noted: “Whether a speaker must obtain permission before approaching within eight feet — and whether he will be sent to prison for failing to do so — depends entirely on what he intends to say when he gets there. I have no doubt that this regulation would be deemed content-based in an instant if the case before us involved antiwar protesters, or union members seeking to “educate” the public about the reasons for their strike.”

Just as George Orwell’s “Animal Farm” taught us that “all animals are equal, but some animals are more equal than others,” it will be instructive to see if the Supreme Court, like the ACLU, continues to regard certain views as “less equal than others” and thus, beyond First Amendment protection.

Robert Knight is a senior fellow for the American Civil Rights Union and a columnist for The Washington Times.