Opinion of Clay v. United States

[politicallefty]

I agree on both of your points. Unfortunately, it looks like he would likely have lost the constitutional case, although I imagine he would've won on that aspect if Marshall hadn't recused. I wonder who the original three were that were set to vote for Ali on the constitutional issue. The most obvious is definitely Douglas, likely followed by Brennan. After that, my first thought would've been Black, but he might view that as conduct outside the protection of his First Amendment absolutism. I haven't read The Brethren, but I have to say I'm quite intrigued that I just might have to soon.