Originalism and Citizens United (Again)

To be clear, the issue in Citizens United was whether corporations (and labor unions and non-profit associations like the ACLU) could spend money to express their opinions about candidates.  I think there most certainly is a "plausible argument" that the original meaning of the First Amendment included such a right.

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Today in History: Virginia Passes the Statute for Religious Freedom

On this day in 1789, the Virginia General Assembly adopted Thomas Jefferson’s landmark Virginia Statute for Religious Freedom, which later would become the basis for the First Amendment to the Constitution for the United States. It was authored by Jefferson and ushered through the Assembly by James Madison. Jefferson considered this one of his most…

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Podcast: Freedom of Speech and the First Amendment

In this episode of Thoughts from Maharrey Head I talk about the First Amendment, its relation to freedom of speech, and more generally the importance of free expression in a free society. The shutdown of a Donald Trump rally in Chicago generated a lot of discussion about freedom of speech. I keep hearing people say,…

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The Muzzling of Free Speech in America

“If the freedom of speech be taken away, then dumb and silent we may be led, like sheep to the slaughter.” -George Washington The architects of the American police state must think we’re idiots. With every passing day, we’re being moved further down the road towards a totalitarian society characterized by government censorship, violence, corruption,…

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Eugene Volokh on Harris v. Quinn

Eugene Volokh argues against Monday’s decision in Harris v. Quinn and “The bedrock principle that, except perhaps in the rarest of circumstances, no person … may be compelled to subsidize speech by a third party that he or she does not wish to support”: But what I don’t see is why there should be any First Amendment problem here…

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Necessary and Proper Clause in an Establishment Clause case

I’m pleased to report that this past week the brilliant Justice Clarence Thomas cited my work on the Necessary and Proper Clause in his concurring opinion in Town of Greece v. Galloway, an Establishment Clause case that received wide publicity. This was the thirteenth citation in the third Supreme Court case in the past 11 months.…

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