Comment by tptacek
Comment by tptacek 5 days ago
They're "investigating", presumably with data gleaned from arrests and CIs; you have a right to speech, and a right not to be prosecuted for speech, but a much, much narrower right not to be "investigated", collapsing to ~epsilon when the investigation involves data the FBI already has.
Yeah whenever people say “the first amendment is not a freedom from consequences” it is only a freedom from certain consequences (and that freedom only goes as far as the government is willing to protect it). It is a freedom from being convicted. They can still arrest you, you can still spend time in jail, prosecutors can even file charges. A court is supposed to throw those charges out. And in extreme cases you can be convicted and sent to prison for years before SCOTUS rules.