Re-Thinking the First Amendment

I’ll bet that got your attention.

Andy McCarthy says that what Gingrich is really after is a return to the constitutional view, not the Warren Court view.

Captain Ed says, “The remedy for bad speech is more speech.” This, effectively, is the Holmesian “marketplace of ideas” trope that is just an excuse for not thinking. If someone’s bad speech is a fatwa that sets a WMD attack in motion, my ability to speak out against the fatwa will be cold comfort to the dead. The First Amendment does not countenance commands to murder, and Speaker Gingrich is entirely correct to challenge us to think through these principles.

McCain/Feingold says the political speech that was the core of the original First Amendment protection can be regulated. Are you really telling me that we can stop someone from speaking out on behalf of a candidate for public office but we have to allow jihadists to call for mass murder? I don’t think so.