Ep. 281: What’s the First Amendment’s original meaning? w/ Jud Campbell and Stephen Solomon
The First Amendment is only 45 words long. But more than 200 years and thousands of court decisions later, we’re still arguing over a basic question: what do those words mean — and what did they mean to the early Americans who adopted them?
To look through history and debate what originalism can — and can’t — tell us about the First Amendment’s free speech clause,
@TheFIREorg's
@NicoPerrino is joined by
@StanfordLaw's Jud Campbell and
@nyuniversity's Stephen Solomon.
Timestamps:
00:00 Intro
02:20 Original meaning and modern First Amendment doctrine
09:12 Would the founders recognize our Constitution today?
16:00 The Alien and Sedition Acts
20:21 How the founding generation practiced free speech
24:35 Can we define “originalism”?
32:05 Representative government and the promise of liberty
45:00 The First Amendment’s absolute language
51:36 New York Times v. Sullivan
58:01 Amending the First Amendment
01:04:30 Outro