I guess my question for Bert Neuborne who wrote this piece over at Salon would be did our First Amendment as we at least know it today didn’t exist until the 1960s, or is it just that the U.S. Supreme Court and other Federal courts misinterpret the First Amendment and our Freedom of Speech? Because I think it is pretty obvious that arresting a political candidate for speaking out against a war, or newspapers for endorsing the opponent of the president is unconstitutional. I think you would have a hard time finding even a Far-Right judge today who would go along with that. At least when it comes to endorsing the opposition.
Again my question about have we always had the same First Amendment, but it was interpreted wrongly in the past, or has it simply changed over the years form one way or the other? Because our Founding Fathers the Founding Liberals as I at least call them couldn’t of anticipated all the modern forms of communication that we have today and have had in the past. They couldn’t even anticipate the telephone landlines even or radio when they wrote the Constitution. Doesn’t mean our First Amendment doesn’t cover all of these modern devices. Because whether you speak this way or the other and use this device to communicate or another, you’re still speaking. And government at all levels is very limited in how they can regulate your speech under the First Amendment.
The last fifty-years or so the Federal courts have essentially interpreted Free Speech as covering every form of speech with few exceptions having to do with inciting violence, libel, yelling fire that isn’t there in tight public spaces. Now is that because our liberal Free Speech has only existed in the last fifty-years or so, or is that because the Federal courts were wrong or correct depending on your perspective in how they interpreted the First Amendment in the first 180 plus years or before the 1960s. I’m not a lawyer or historian obviously, but I believe our First Amendment as it is today and with all the speech that it protects has always been with us. Based on Congress shall make not law that infringes on the right of free speech.
Keith Hughes: The First Amendment Explained