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Well IANAL, so I tend to look to intent. Seems like the constitution, and early amendments, were a decent attempt for their age to do something a little better
by NeedMoreTea 8y ago
Well IANAL, so I tend to look to intent.
Seems like the constitution, and early amendments, were a decent attempt for their age to do something a little better. Laws and texts of that age did not take the endless paragraphs of today's legal language.
As written it can be interpreted in a 20th century way and encompass everything, including commercial, pornography, campaigning and every damn fringe thing. Given the context of everything else from the 18th century, the known history of how they arrived where they did, and the rest of the constitution it seems far more probable that they simply meant freedom to choose religion, criticise the regime, free press and right of assembly. The "classical" definition of freedom of speech, if you like, without bending society out of shape by chasing the letter rather than spirit. 18th century laws rarely delved into precise and perfect definitions of all the edge cases.
As it is open to interpretation, we'll never know what precisely they had in mind. :)