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Originally Posted by MysticCat
Quite possibly. I'd suggest that the former is precisely the sort of speech the First Amendment exists to protect. As to the latter—what were they trying to say exactly? Anything?
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I'd argue that they were trying to communicate that they were in character for Taco Tuesday. Tacos are Mexican food, so we'll dress like Mexicans and show everyone how into this we are. Clothing choice, especially extreme clothing choices are certainly a form of communication.
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It's all going to depend on your judge(s), who likely won't be the Supremes. It might be covered speech, but I just don't consider it a slam dunk at all.
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No, but the Roberts court's very broad interpretation of the 1st Amendment as of late is important and don't think the District Judges aren't paying attention to it.
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