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The invocation of the Bill of Rights here is to provide an example of a document attempting to moralize. The author's intent here is that this highly respected
by dimino 11y ago
The invocation of the Bill of Rights here is to provide an example of a document attempting to moralize. The author's intent here is that this highly respected moral document protects free speech (the Bill of Rights being what the writers thought to be a non-exclusive set of human rights codified in a legal document), and so we should think twice before doing otherwise.
I am aware of the popular notion that legality and morality are completely separate conversations, but morality does actually inform legality, albeit in a very flawed and incomplete way. The Bill of Rights is one of those rare legal documents that's seen as a valuable reflection of morality, even today.
Agree with it or not, the author isn't attempting to form a legal argument here, so pointing out the lack of a legal standing for the Bill of Rights at Northwestern is kind of missing the point, I think.