> Not if you have a 6-3 majority on the court... 1A is whatever SCOTUS says it is. That's true. Like much of the Constitution, the text is pithy and doesn't s

> Not if you have a 6-3 majority on the court... 1A is whatever SCOTUS says it is. That's true. Like much of the Constitution, the text is pithy and doesn't specify its definitions. The current legal interpretation of the First Amendment and free speech rest on a particular philosophical traditions that the court adopted in the last century, and especially after the 60s. A lot of people have absolute faith in the functioning of a "marketplace of ideas," but it's not at all clear to me that a such a market can work well when it's flooded by disinformation, just like a market of goods can't work well when it's flooded by counterfeits. https://www.nytimes.com/2020/10/13/magazine/free-speech.html https://www.nytimes.com/2020/10/13/magazine/free-speech.html