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Oh, apologies for misreading you then! On that point, I think the problem is just that Thompson doesn't understand this context. He's treating Hamilton's objec
by smacktoward 7y ago
Oh, apologies for misreading you then!
On that point, I think the problem is just that Thompson doesn't understand this context. He's treating Hamilton's objection to an amendment prohibiting speech as if it arose from a desire for broader protection of speech, rather than from a desire for no specific protection of speech at all.
Hamilton's argument that a specific protection for speech would be counterproductive strikes me as having been pretty comprehensively debunked by the last two centuries of American history, in which the First Amendment has repeatedly proved to be a critical shield for speech of all sorts of kinds. America today would look very different if Hamilton had won this argument.
- dbuder 7y agoHamilton also removed unanimous decision from the 6th amendment because common law of jury trial already established that and he didn't want to specify some part of that common law and imply exclusion of other parts related to jury trials. This is now being heard by the Supreme Court in Ramos v Louisiana. This video https://www.youtube.com/watch?v=Nof3FQj90f8 https://www.youtube.com/watch?v=Nof3FQj90f8 is a good overview of how things are going so far in that case.