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But to be fair, there is inherent arrogance built into originalism: the idea only you speak for people long dead. @rickhasen @charlescwcooke
I was describing his demeanor, not his judicial philosophyhttps://twitter.com/charlescwcooke/status/844568134052929538 …
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it also assumes ambiguity and vagueness couldn't have been the originally intended meaning
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Exactly. "Freedom of speech" is a vague term precisely because the founders didn't presume to know...
@Otakundead@rickhasen@charlescwcooke -
...all the possible ways in which people could express their beliefs, then and in the future.
@Otakundead@rickhasen@charlescwcooke -
Otherwise they'd have just listed out all the specific actions & opinions govt can't punish you for.
@Otakundead@rickhasen@charlescwcooke - 7 more replies
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Could argue there is a level of "arrogance" amongst those Cass Sunstein refers to as "radicals in robes" https://www.amazon.com/Radicals-Robes-Cass-R-Sunstein/dp/0465083277 …
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