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Tour Operations Industry
A judge liberates D.C. tour guides from regulation
A judge liberates D.C. tour guides from regulation

A perennial question in discussions of the 1st Amendment is the often blurry distinction between speech and conduct. Burn your draft card as an antiwar protest and you have committed criminal conduct. Burn the American flag as a political protest and you’ve engaged in constitutionally protected “expressive conduct” — symbolic speech. The constitutional analysis is further complicated by the Supreme Court’s discovery (or invention) of “commercial free speech,” which is entitled to some constitutional protection even though its overriding purpose is to make money in the real marketplace, not the metaphorical marketplace of ideas. (The joke among Supreme Court watchers is that some liberal...

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