FAN 18 (First Amendment News) — What to do with the First Amendment? Election Law & Free Speech


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2 Responses

  1. Orin Kerr says:

    Am I correct in thinking that the point of the hearing is less to pass an Amendment — which seems very unlikely to pass — but rather to show disagreement with the Supreme Court’s decisions and hope it pays off with either more political reforms or different constitutional interpretations down the road?

  2. dht says:

    The problem is not free speech per se. Imagine two people standing next to one another. One is sealed in a glass room, while the other is standing on an open stage, with a megaphone. Each individual can speak freely about anything they want, but only one will be heard. This is the crux of the conversation. To what extent does the First Amendment protect the dissemination of speech, not just the speech itself. Further, if dissemination is protected, to what extent must it be disseminated equally.