[mkmensinger]

If the Second Amendment refers only to muskets, then it follows that the First Amendment freedom of the press refers only to hand-cranked printing presses.

[Secret Agent Man]

and guess where abortion was back then.

like now, it wasn’t anywhere in the constitution.

it was a capital offense.

i guess the cops can only search the amish buggies now too.

[conservatism_IS_compassion]

If the Second Amendment refers only to muskets, then it follows that the First Amendment freedom of the press refers only to hand-cranked printing presses.

Ummm, that’s not a case we want to make. Because, contrary to popular opinion, “the media” does not actually favor strict construction of the First Amendment. If they did, McCain-Feingold would have been anathema to them, whereas in fact they were the only ones (besides Democrat politicians, which is hardly a contrasting category) who did enthusiastically favor McCain.

The case we want to make is that

1. The provision in Article 1 Section 8 which says

   The Congress shall have power . . . To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries . . .

   implies that the framers and ratifiers of the Constitution anticipated and favored progress of technology not excluding communications technology and weapons technology.

2. The framers and ratifiers of the Constitution also anticipated the possibility that future developments would reveal the need for other provisions in the Constitution - and that the way to adapt to such circumstances is delineated in Article V, “Amendments.”

The public (not the government, the public) has/have the rights spelled out in the Constitution (and some which are implicit, see the Tenth Amendment). You have the right to freedom of the press - you don’t need a license to own a press and, considering the above argument, you have the right to use any other technology to attempt to propagate your opinions. You have the right to build your own web site, for example (You don’t have a right to post on FR, but that’s because it’s Jim Robinson’s web site and he has the right to give or withhold the privilege of anyone to post here - he, via the Mods, edits the site for Jim’s target audience).

The logical conclusion of that line of reasoning is, of course, that the FCC is illegitimate since it gives some the privilege to broadcast, but denies that “privilege” to you and me.