Friday, March 13, 2015

Madison's Music: On Reading the First Amendment

What if most of what we think we know about reading the text of the First Amendment is just wrong? For years, the Supreme Court has treated the First Amendment like a laundry list of isolated words, stopping every once in a while to pull a couple of words out of the full text and claiming to be able to use the artificially isolated words as an infallible guide to what the First Amendment really means. In , Burt Neuborne argues that the Supreme Court has gotten the actual text wrong. If judges would only look at the First Amendment’s full text—all forty-five words—they would discover Madison’s music, a First Amendment that is democracy’s best friend.


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