What Ever Happened to the Freedom of Speech?

Source: Judge Napolitano
by Andrew P Napolitano

“Here is a pop quiz: If the states ratified an amendment to the Constitution repealing the First Amendment, would we still enjoy the freedom of speech? That depends on which value prevails: Are our rights only what lawmakers have written down, or are they personal attributes immune from governmental reach? When James Madison was crafting the First Amendment, he insisted that the word ‘the’ precede ‘freedom of speech’ in order to manifest the Framers’ belief that the freedom of speech preexisted the government. The First Amendment is a negative right. It doesn’t grant the freedom of speech. It negates Congress from abridging it.” (11/16/23)