Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: free1977free

Scalia is, as always, dead on.
The First Amendment says “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

It does not grant a right to free speech to individual persons, as the left has argued. It restricts congress from making any law prohibiting or abridging the freedom of speech. Period. The First Amendment is not about what people may or may not do. It is about what congress may or may not do.


6 posted on 01/23/2010 3:21:45 AM PST by counterpunch (In this present crisis, government is not the solution to our problem. Government is the problem.)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: counterpunch
The First Amendment is not about what people may or may not do. It is about what congress may or may not do.

This is clearer thinking than four of our SCOTUS justices. I haven't yet read the majority opinion yet, but can't image it being put more succinctly than you have here.

17 posted on 01/23/2010 3:42:50 AM PST by Jim W N
[ Post Reply | Private Reply | To 6 | View Replies ]

To: counterpunch
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

To carry Stevens' logic a bit further - if his interpretation is correct, we would have the right to practice religion individually, but not form a church.

42 posted on 01/25/2010 1:34:50 PM PST by CharacterCounts (November 4, 2008 - the day America drank the Kool-Aid)
[ Post Reply | Private Reply | To 6 | View Replies ]

To: counterpunch
The First Amendment says “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

It does not grant a right to free speech to individual persons, as the left has argued. It restricts congress from making any law prohibiting or abridging the freedom of speech. Period. The First Amendment is not about what people may or may not do. It is about what congress may or may not do.

Do you mind if I quote you elsewhere, using only your screen name? (Or I can just say "unidentified forum poster" if you wish.) That is absolutely on the money. I might "bold" "period" and underline the last sentence...

:-)

43 posted on 01/25/2010 10:30:37 PM PST by Paul R. (We are in a break in an Ice Age. A brief break at that...)
[ Post Reply | Private Reply | To 6 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson