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"For example, could one claim that the right to free speech is only limited to forms of communication that existed at the time the amendment was ratified, which
by iamthepieman 7y ago
"For example, could one claim that the right to free speech is only limited to forms of communication that existed at the time the amendment was ratified, which would exclude video or online communication?"
Yes. Maybe not simply video but what about a deep-fake video designed to deceive people that is indistinguishable from a genuine video? At some point unique cases arise that require careful judgement. This is what the judicial system is for, to provide "judgement" on things which were not anticipated by the law.
Sometimes those unique cases were only once unique but become ubiquitous due to changes in technology, geography, climate, or society.
right to privacy is an example. There's talk about this all over the place but it was only evident that people had an expectation and desire to exercise this right after it started getting abused by technology and technology companies.
The bill of rights contains what it does because the founders had just had experience with many of those rights being curtailed.