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In his ruling, Judge Sanders swatted aside free-speech arguments, saying the Texas statute prohibiting the unauthorized practice of law is "content-neutral" because it doesn't target the expression of any particular opinion.
FORBES: Arrest that software!
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It transforms the mandate into a non-neutral and not generally applicable law that violates the First Amendment's Free Exercise Clause.
WSJ: Rivkin and Whelan: Birth-Control Mandate��Unconstitutional and Illegal
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Yet Justice retains a federal veto on election-law changes no matter how innocuous or racially neutral.
WSJ: Review & Outlook: Holder's Racial Politics
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"Nothing could be less content-neutral than doing self-help law, " says Stephen Elias, associate publisher at Nolo Press, a privately held Berkeley, Calif. book and software company that publishes WillMaker, Small Business Legal Pro and other self-help guides.
FORBES: Arrest that software!
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So long as the state can come forward with some neutral, non-discriminatory reason for the law, even if that's a pretext, it looks like the law will generally be upheld.
NPR: High Court Supports Indiana Voter ID Law
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The law or state policy must have been adopted with a neutral or non-religious purpose.
FORBES: North Carolina Lawmakers Introduce Law To Establish An Official State Religion