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Justice. A couple points that i want to make with respect to declaring one as a neutral. If heffernan was engaged in political activity and said, im supporting spagnola, of course he would be protected by the First Amendment. What im hearing is that if he said, im neutral, he would be covered; he would be protected. I see little difference between being a neutral and being agnostic in the sense that im not taking a position. Justice sotomayor im im so totally confused. I know its the way it was presented to us, but i thought he testified that he had made a choice not to get involved in the campaign but that spagnola was his friend and he supported him. So he wasnt neutral; he just wasnt engaging in associational conduct by choice. Thats what i thought. Mr. Frost thats correct, justice sotomayor. And the point that i was trying to make was the fact that in this case he was not going to be exercising his right to vote or campaign for him, but but clearly he engaged in what we would consi

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