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> So if they said, "First Amendment doesn't count any more, sorry for the confusion," then I guess there is no more Constitution. Not how that works, someone e
by kcplate 4y ago
> So if they said, "First Amendment doesn't count any more, sorry for the confusion," then I guess there is no more Constitution.
Not how that works, someone else have to make that claim, make the argument and convince the majority. And…SCOTUS would have to evaluate the argument based on the first amendment itself and whether or not it allowed itself to be eliminated.
- skissane 4y agoThere’s a plausible argument that Gitlow v New York (1925), which extended the 1st Amendment to apply to the states, was wrongly decided. I can’t see how any consistent originalist could disagree. The framers of the 1st Amendment saw protecting free speech at the state level as a job for state constitutions not the federal constitution. The framers of the 14th Amendment never intended it to change that in the general case.