THE FIRST AMENDMENT AND HANDSHAKES?

I saw this piece by Professor Eugene Volokh the other day about the First Amendment implications of a handshake ban.  To be clear, no one that I know of is proposing legislation to ban handshakes.  Besides seeming like substantial overkill, I can’t even imagine how it would be enforced.  Would we rely on citizen’s arrests?  And if I inadvertently stick out my hand, could I be charged with attempted handshaking?

But putting aside the practical problems, Professor Volokh lays out an interesting case for why such a ban would implicate First Amendment concerns, but probably survive a challenge.

Just an intriguing thought experiment that is worth the read.