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Robert Black@hurricanexyz.bsky.social |
Constitutional theory note: I think this stuff actually straddles the boundary between historical and ethical arguments Take Amar's point about how the ratification debate itself was conducted under free speech norms. Is it that this tells us they intended the Constitution to protect speech?
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Robert Black
@hurricanexyz.bsky.social
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Not really, I think. It's more that the Constitution was born from an ethos of free speech, and this should inform how we understand the various commitments it makes (even in ways that pretty plainly weren't consciously understood or intended by the ratifiers)
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