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Wyden knows such a bill wouldn't pass specifically because of its unconstitutionality. This was about picking up media coverage by throwing red meat at voters.

Congress has been in a state of deadlock for too long to pass any actual laws, so this type of performative theater ahead of midterm elections is what passes for statesmanship.



That's awfully generous. He co-sponsored a bad law that he didn't actually want to see passed?


He may definitely want to see it passed. But elected officials should not be engaging in pushing bills that won't pass their first legal challenge.


Similar bills have already passed legal challenges https://www.lawfaremedia.org/article/eighth-circuit-upholds-...

I think it's a bad law and he's making a big mistake. I'm still a fan though.


Thanks for the link. Scary to see that the state is re-drafting these laws specifically to find loopholes in the constitutional definitions of freedom of speech. Check out this other loophole:

> The act does not apply to contracts worth less than $1,000, or to companies that offer to provide the goods or services for at least 20 percent less than the lowest price quoted by a business that has complied with the certification requirement.

So, a contractor if free to boycott as long as they cost the taxpayer a little bit less.




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