Source: Law & Liberty
by Angel Eduardo
“Why do we have a First Amendment? This isn’t a facetious question. In fact, it gets at the core of so many arguments surrounding originalist approaches to First Amendment jurisprudence, and why arguments that rigidly appeal to the text and history are often cherry-picked or incomplete. In most cases it would be more productive to ask ourselves, ‘Why did Madison and his compatriots write ‘Congress shall make no law …’ to begin with?’ The First Amendment was designed to preserve our individual expressive freedoms, to ensure that American citizens can engage in the freest possible discussion and debate, and to prevent our newfound republic from descending into tyranny.” (11/06/24)