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The threat of fascism in the United States is no longer conjectural.

The court sided with the officers, saying that the township failed to demonstrate “real, not conjectural, harm” by using the flag and that the ban “addresses that harm in a direct and material way.”

The Constitution restricts the court to ruling only on actual “cases” and “controversies” — that is, on concrete harms affecting real people, not conjectural issues that might occur in the future.

Without confirmation from artists, their teams, or Braun himself, changes to Braun’s roster are conjectural.

“Petitioner’s claim of injury stemming from the memorandum’s issuance is ‘speculative,’ ‘conjectural’ and ‘hypothetical,’” the Justice Department wrote in its brief.