Posts Tagged ‘Justice John Paul Stevens’

First Amendment Symposium, Part V: Why The First Amendment is STILL Overrated

Exhibit A for why there should be abridgements on some speech: To prevent people like Josh from quoting himself in his own epigraph.

As for the substance of Josh’s arguments, there seem to be three core premises that form the basis of his attack: 1) Government suppression of speech is uniquely coercive and widespread; 2) as a result of its unique ability to coerce, government suppression of speech is categorically bad; 3) certain words in the text of the First Amendment, like “speech” and “abridging,” have no consensus definition, granting certain leeway when it comes to dealing with many issues surrounding the First Amendment.

Let’s start with #1: The effects of government suppression of speech are uniquely coercive and widespread. Josh defends this premise by contrasting government suppression with much more benign forms of “suppression”: “Social norms and reputation matter a lot in affecting what people say and don’t say; the government is just one factor that affects speech, but the difference with the government is that its restrictions’ effects are more widespread.” The other factors that Josh names—social norms and reputations—are hardly elements of “suppression” at all; they basically amount to peer pressure. Of course government regulation is going to appear more coercive and significant than these opponents—it usually is more coercive and significant. Continue reading

First Amendment Symposium Part I: Why The First Amendment Is Drastically Overrated

Now that Josh has concluded his eight month-long analysis of the Bill of Rights,* it’s time for we at NPI to finally face facts: The Bill of Rights as a whole is incredibly overrated. The Ninth and Tenth Amendments are glorified addenda, the Seventh is, as Josh said, dull, the Third has been pretty useless, and the Second is essentially gibberish. The entire document is in desperate need of a proofreader (seriously, the grammar in that thing is offensively ambiguous).

*And in depressingly anticlimactic fashion, I might add: Oh, the First Amendment is first and the Second is last? How original! Is he also going to write something about how rainbows are pretty and chocolate tastes good?

And yet the Bill of Rights remains incredibly popular. Demagogic political figures appeal to it for justification of any principle they want to espouse; citizens regard it with a scriptural sanctity even though polls show that most of them don’t know what it says. In other words, the Bill of Rights is basically the secular version of the Bible. And not much of that has to do with its proscription on troop-quartering.

You don’t have to be a constitutional scholar to know that the Bill of Rights’ reputation with the public is largely the result of the First Amendment, specifically the freedoms of speech and the press. And yet it is this part of the Bill of Rights that is the most overrated. Continue reading