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agrab0ekim
I think we are at an impass here then, but we both understand the arguments
I think it will play out, eventually one of us will be proven correct
Well, I already have Wisconsin v. Mitchell, 508 U.S. 476, 489 ("The First Amendment, moreover, does not prohibit the evidentiary use of speech to establish the elements of a crime or to prove motive or intent." ) on my side.

But, that's a boring argument, since I was assuming that you were arguing against precedent.


Not against precedent, but distinguishing the concepts. Basically, one is general thoughts (premed is general, the specifics are irrelevant) and the other highly-specific thoughts. Depending on the court changes, I actually could see this distinction being clearly made by the bench (see Phelps for a close example)
And weirdly, only pretty white girls get kidnapped, since that's all the media reports on.

Alternately, the news media is essentially a form of entertainment and it feeds the audience what it wants. Yeah, you don't hear a lot of reporting about hate crimes committed by minorities. You also don't hear a lot of reporting on white drug-dealing and street crime. News media plays to tropes.

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