I mean, "shall not be infringed" means what it says. As a free speech absolutist, I go even further than Scalia. No federal restrictions on speech whatsoever.
If States want to impose consequences for things like blackmail or defamation or fighting words, so be it. That's federalism, and I also don't believe in 14th Amendment incorporation against the states.
I mean, "shall not be infringed" means what it says. As a free speech absolutist, I go even further than Scalia. No federal restrictions on speech whatsoever.
If States want to impose consequences for things like blackmail or defamation or fighting words, so be it. That's federalism, and I also don't believe in 14th Amendment incorporation against the states.