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I strongly doubt a judge will care to distinguish the two.


Doubt all you want. Can you point to case law?


that would be compelled speech


Why did you do this thing 2 weeks ago?

vs

Why didn’t you do this thing 2 weeks ago that you were under no legal obligation to do?

Seems like a significant and valid distinction even if what they communicate to the intended audience is largely the same.

“Largely the same” because in the second case it would be possible that forgetting, or some other obstacle to resigning occurred.




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