"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."
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Wednesday, December 26, 2018
On Originalism and the First Amendment
Edward A. Fallone at the Marquette University Law School Faculty Blog.