Is America still governed by the Constitution? Back in the 1980s, the Columbia Law Review advocated clarifying the law to protect journalists First Amendment, rights even on private property. Just today, though, Blaze reporter Steve Baker was wasarrested by the FBI for his January 6 investigations, on charges including knowingly entering a restricted building.
Blaze commentator Auron Macintyre fears that this documents glory days are over: Whatever we are governed by now, he said, it is not the Constitution. He may have a point: this isnt the only recent instance of progressive concerns that the Constitution is an obstacle to American values. According to MSNBC legal analyst Barbara McQuade, the First Amendment is an obstacle to truth. Promoting her new book in conversation with MSNBC anchor Rachel Maddow, McQuade declared that Americas deep-rooted cultural commitment to free speech meant disinformation was rampant, while attempts to impose common-sense solutions implicitly, McQuades preferred restrictions on speech were impossible in that context, due to widespread resistance to censorship.
Wherever people stand on the desirability of free speech, this illustrates a growing crisis in one of the modern democratic (which is to say, American) worlds most cherished beliefs: that as long as you have a robustly written constitution, the political order will remain stable forever. But back at the end of the eighteenth century, the Savoyard reactionary Joseph de Maistre argued in Studies on Sovereignty (1794) that the real constitution of a people is actually only secondarily written down; the true, living constitution emerges from a peoples dispositions, habits, accumulated cultural patterns and everyday conditions. And these, he argued, are only written down when they become contested in a way that requires clarification. Conversely, its possible to impose any paper constitution you like on a people for which its ill-suited, and find it ignored in practice.
It is characteristically American, though, to imagine it works the other way round. This view of the relation between the aggregate culture of a people, and that cultures achievable political forms, has produced some of Americas more quixotic recent international adventures, such as the attempt to impose democratic constitutional government on the tribal peoples of Afghanistan.
Now, though, a similar principle is at work in the Land of the Free itself. There, a growing chorus of progressive voices now critiques the American Constitution itself as an impediment to American values. McQuade isnt the first: just a few days earlier, Politicos Heidi Przybyla framed perhaps the central premise of post-revolutionary America that individual rights are divinely given as not a sacred foundational principle so much as a political manoeuvre by the progressive worlds new bogeyman, so-called Christian nationalism.
Never mind that the inalienable rights to which men are, in the Declaration of Independence, entitled, are described there as having been endowed by their Creator: Nature and Natures God. For Przybyla, the fact that it falls to fallible humans to interpret those divine givens means this supposed origin is critically vulnerable to weaponisation by malign (that is, conservative) forces.
American culture is revolutionary by design, and structurally opposed to the kind of demographic homogeneity that might support a stable unwritten constitution over the long term. It was thus always predisposed to support radical rewritings even over a relatively short national lifespan as America to date. Indeed, if critics such as Christopher Caldwell are correct, such a transformation already took place in 1964, when the Civil Rights Act was passed.
But even if this is so, the conservative backlash to commentators such as McQuade and Przybyla makes clear that the contest is far from over. So it remains to be seen what kind of arrangements will emerge, in practice, from the unwritten constitution of the American people as it now is, rather than as it was in 1787.
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Progressive attacks on the US constitution escalate - UnHerd
- Senate Passes TikTok Ban Bill, Setting Up Legal Battle Between App and U.S. on First Amendment Issues - Variety - April 24th, 2024 [April 24th, 2024]
- How the TikTok ban could survive a court challenge - Platformer - April 24th, 2024 [April 24th, 2024]
- Senate Passes TikTok Ban Bill, Setting Up Legal Battle Between App and U.S. on First Amendment Issues - AOL - April 24th, 2024 [April 24th, 2024]
- Eighth Circuit Affirms Denial of Qualified Immunity to Mayor and Police Chief of Missouri City in First Amendment ... - Law.com - April 24th, 2024 [April 24th, 2024]
- Get the Facts: How far does the First Amendment go? - WMTW Portland - April 24th, 2024 [April 24th, 2024]
- Say 'Yes' to the First Amendment Minding The Campus - Minding The Campus - April 24th, 2024 [April 24th, 2024]
- Civics lesson: First Amendment rights are broad, but there are limits - Tennessean - April 24th, 2024 [April 24th, 2024]
- SCOTUS won't review decision that ratchets up legal risk at protests - Reporters Committee for Freedom of the Press - April 24th, 2024 [April 24th, 2024]
- NPR Against the First Amendment - The New York Sun - April 24th, 2024 [April 24th, 2024]
- NPR boss once called the First Amendment a 'challenge' and 'reverence for the truth' a distraction - Fox News - April 24th, 2024 [April 24th, 2024]
- Here are the winners of the inaugural Poynter Journalism Prizes - Poynter - April 24th, 2024 [April 24th, 2024]
- Can Congress actually ban TikTok? - Vox.com - April 24th, 2024 [April 24th, 2024]
- New Stablecoin Bill Faces Criticism for Stifling Innovation and Breaching First Amendment Regulation Bitcoin News - Bitcoin.com News - April 24th, 2024 [April 24th, 2024]
- Elon Musk's Plan To Fund National Signature Campaign In Support Of First Amendment Met With Praise - Yahoo! Voices - April 24th, 2024 [April 24th, 2024]
- Trump: First Amendment protects efforts to overturn election - USA TODAY - March 29th, 2024 [March 29th, 2024]
- To Fight Ban Bill, TikTok's Best Hopes Lie in First Amendment Challenge - The Information - March 29th, 2024 [March 29th, 2024]
- Supreme Court must rely on the First Amendment, not its own precedent, when deciding government censorship case - Washington Examiner - March 29th, 2024 [March 29th, 2024]
- FIRST AMENDMENT VIOLATION?: Man removed from Cape council meeting files lawsuit - FOX 4 News Fort Myers WFTX - March 29th, 2024 [March 29th, 2024]
- Trump team's First Amendment argument is 'so weak' in Georgia election interference case - MSNBC - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - The Associated Press - March 29th, 2024 [March 29th, 2024]
- A national TikTok ban and the First Amendment - National Constitution Center - March 29th, 2024 [March 29th, 2024]
- Trump attorney says Georgia election case hinges on First Amendment Deseret News - Deseret News - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - The Atlanta Journal Constitution - March 29th, 2024 [March 29th, 2024]
- Courts Should Affirm First Amendment Rights of Youths in the Digital Age: The Case for a 21stCentury Tinker - Cato Institute - March 29th, 2024 [March 29th, 2024]
- Trump legal news brief: Prosecutors tell Judge McAfee that First Amendment doesn't apply to Trump's 'criminal intentions' - Yahoo! Voices - March 29th, 2024 [March 29th, 2024]
- Trump attorney tries to have Georgia case dismissed on First Amendment grounds - MSNBC - March 29th, 2024 [March 29th, 2024]
- Trump attorney, prosecutors spar over move to have Georgia case dismissed on First Amendment grounds - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- Donald Trump Georgia court motions hearing today live stream - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - Bowling Green Daily News - March 29th, 2024 [March 29th, 2024]
- First Amendment protects Trump from Fani Williss election interference charges, attorney argues - Washington Examiner - March 29th, 2024 [March 29th, 2024]
- Judicial Rulemaking and Lucidity: Justice Barrett's First Amendment Opinion in Lindke v. Freed - American Enterprise Institute - March 29th, 2024 [March 29th, 2024]
- First Amendment protects Trump from Fani Willis's election interference charges, attorney argues - Colorado Springs Gazette - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting election interference charges - Southernminn.com - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - messenger-inquirer - March 29th, 2024 [March 29th, 2024]
- Lawyers for the State argue against Trump First Amendment challenge in Georgia case - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- OPINION: The possible TikTok ban is an infringement on our First Amendment rights - The Suffolk Journal - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - Times Daily - March 29th, 2024 [March 29th, 2024]
- An iPhone, YouTube & the First Amendment: Man in St Louis tests boundaries of constitution through videos - First Alert 4 - March 29th, 2024 [March 29th, 2024]
- Lawyer argues Georgia election RICO case against Trump be dismissed over First Amendment - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- Abridging, Not Coercing, Is The First Amendment's Yardstick for Speech Violations - Reason - March 29th, 2024 [March 29th, 2024]
- Judge hears Trump's First Amendment challenge to Georgia charges: Watch live - Yahoo Singapore News - March 29th, 2024 [March 29th, 2024]
- Trump's attorney says election inference case should be thrown out over 1st Amendment protections - Yahoo! Voices - March 29th, 2024 [March 29th, 2024]
- Judge hears Trump's First Amendment challenge to Georgia charges: Watch live - AOL - March 29th, 2024 [March 29th, 2024]
- Judge sets new hearing date in 2020 Georgia election interference case - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- Biden Wants To Avoid a First Amendment Showdown Over WikiLeaks - Reason - March 22nd, 2024 [March 22nd, 2024]
- Justice Ketanji Brown Jackson raises eyebrows with comment that First Amendment 'hamstrings' government - Fox News - March 22nd, 2024 [March 22nd, 2024]
- West Texas drag show becomes a First Amendment battleground - The Texas Tribune - March 22nd, 2024 [March 22nd, 2024]
- Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says - The Associated Press - March 22nd, 2024 [March 22nd, 2024]
- The First Amendment, the Fourth Amendment, and Substantial Encouragement - Reason - March 22nd, 2024 [March 22nd, 2024]
- News/Media Alliance Joins Brief Defending First Amendment Editorial Rights of Documentarians - News/Media Alliance - March 22nd, 2024 [March 22nd, 2024]
- The State of the First Amendment: Free Speech - University of Colorado Boulder - March 22nd, 2024 [March 22nd, 2024]
- Justices Seem Likely to Side With N.R.A. in First Amendment Dispute - The New York Times - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court Justice Kavanaugh loses patience with the judiciarys far right - Vox.com - March 22nd, 2024 [March 22nd, 2024]
- Justice Jackson ripped for worrying about the First Amendment 'hamstringing' government: 'Literally the point' - Fox News - March 22nd, 2024 [March 22nd, 2024]
- Analysis: SCOTUS Oral Arguments Bode Well For NRA First Amendment Claim [Member Exclusive] - The Reload - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court to hear First Amendment challenge to New York's financial 'blacklisting' of NRA - Fox News - March 22nd, 2024 [March 22nd, 2024]
- NRA Goes To The Supreme Court Today In First Amendment CaseHere's What To Know - Forbes - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court to hear case of former Castle Hills councilwoman who claims First Amendment rights were violated - KSAT San Antonio - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court to hear arguments in key First Amendment case challenging Biden admin teamwork with Big Tech - Fox News - March 22nd, 2024 [March 22nd, 2024]
- "Black Lives Mat[t]er" + "Any Life" Drawing "Not Protected by the First Amendment" in First Grade - Reason - March 22nd, 2024 [March 22nd, 2024]
- Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says - KXLY Spokane - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court hears free speech case that united the NRA and the ACLU - The Washington Post - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court Wary of States' Bid to Limit Federal Contact With Social Media Companies - The New York Times - March 22nd, 2024 [March 22nd, 2024]
- Opinion: A First Amendment Fizzle at the U.S. Supreme Court - The Atlanta Journal Constitution - March 22nd, 2024 [March 22nd, 2024]
- The First Amendment is under attack in Americas Oceania - Washington Examiner - March 22nd, 2024 [March 22nd, 2024]
- Education Institutions Grapple With Overlap of First Amendment and Anti-Discrimination Laws - JD Supra - March 22nd, 2024 [March 22nd, 2024]
- Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says - The Caledonian-Record - March 22nd, 2024 [March 22nd, 2024]
- Note to Justice Jackson: First Amendment Should Hamstring Biden - Daily Signal - March 22nd, 2024 [March 22nd, 2024]
- Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says - KEYT - March 22nd, 2024 [March 22nd, 2024]
- The First Amendment Supreme Court case right wingers are crazy for - The Independent - March 22nd, 2024 [March 22nd, 2024]
- Ketanji Brown Jackson concerned First Amendment is hamstringing government from censorship - Washington Examiner - March 22nd, 2024 [March 22nd, 2024]
- Justice Jackson: First Amendment "Hamstringing" Federal Response To "Threatening Circumstances, From The ... - RealClearPolitics - March 22nd, 2024 [March 22nd, 2024]
- Opinion: Sen. Chuck Grassley should stand up for the First Amendment and support the PRESS Act - The Gazette - March 18th, 2024 [March 18th, 2024]
- The Supreme Court must protect the First Amendment in Murthy v. Missouri - Washington Examiner - March 18th, 2024 [March 18th, 2024]
- A Hillsborough judge invokes the First Amendment in a case related to a 2022 election campaign - WMNF - March 18th, 2024 [March 18th, 2024]
- John Stockton's lawyer claims first amendment violation as basis for COVID-19 lawsuit - KXLY Spokane - March 18th, 2024 [March 18th, 2024]
- Scientology Scores A First Amendment Win Over Leah Remini, But Harassment Claims Against Church Still Stand, Judge Rules - Deadline - March 18th, 2024 [March 18th, 2024]
- Supreme Court to hear First Amendment cases, weigh in on Texas immigration law - MSN - March 18th, 2024 [March 18th, 2024]
- 7 Expert Takeaways As the Supreme Court Considers Government Influence on Content Moderation - Just Security - March 18th, 2024 [March 18th, 2024]
- Conflict between First Amendment and discrimination on Broadway | Strictly Legal - The Cincinnati Enquirer - March 18th, 2024 [March 18th, 2024]