The proposal “is probably in trouble under American law”

Dave Huber:

A constitutional law professor at Georgia State University recently said it’s “unfortunate” that the Michigan “pronouns” bill making its way through the state legislature is likely unconstitutional.

Georgia State College of Law Professor Eric Segall told Newsweek this was his “personal view” regarding House Bill 4474, which would criminalize sparking “frightened” feelings in someone in a protected class such as sexual orientation or gender identity.

The proposal “is probably in trouble under American law. I also think that’s unfortunate because my personal view is the law should be constitutional, but I think it’s likely not,” he said.

“In a sane world, which is most free countries on Earth, you just outlaw all threats,” said Segall (pictured). “And if you threaten somebody, you go to jail. It’s much more complicated in America. Guns and free speech. America is crazy about both.”

But the author of “Originalism as Faith and Supreme Myths: Why the Supreme Court is not a Court and its Justices are not Judges” emphasized what makes the U.S. rather unique regarding free speech.