Wednesday, December 26, 2018

On Originalism and the First Amendment

Edward A. Fallone at the Marquette University Law School Faculty Blog.
"Perhaps if more Progressives had embraced originalism as an interpretive theory when the theory developed in the 1980s, and had played a more active role in helping to define the proper use of originalism as an interpretive method, then originalism today might be utilized more objectively and less often as a mere vehicle for cultural expression – whether on the subject of the First Amendment or otherwise."