Replies

There was a well-researched article recently with a link to a legal article that posited that the First Amendment was currently in a “Lochnerian form.”

Now…I’m not a lawyer, but I like to keep up with things - I have NEVER heard of such nonsense.

I checked out the accompanying footnote…

” See Jeremy K. Kessler & David E. Pozen, Introduction, The Search for an Egalitarian First Amendment, 118 COLUM. L. REV. 1953, 1959–64 (2018) (reviewing the contemporary debate over “First Amendment Lochnerism,” id. at 1962). Roughly speaking, First Amendment Lochnerism refers to “a First Amendment jurisprudence that disables redistributive regulation and exacerbates socioeconomic inequality.” Id. at 2007.”

” exacerbates socioeconomic inequality”? Ok…I’ll bite.

Why has First Amendment law become such a prominent site for struggles over socioeconomic inequality? Do First Amendment theory and precedent contain egalitarian elements that can be recovered? And what might a more egalitarian First Amendment look like today?

This 59-pages is tough to read, because you have to become detached from reality. It’s word salad like I’ve seen few times in my life.

But because it’s “scholarly” it’ll get picked up and it’ll hit the MSM. Thus, it requires a fortress-like defense and several forms of intellectual ordnance to beat into submission.

In short, we’re at a point where we MUST get AHEAD of these cretins. We MUST establish the intellectual beachhead, so these jack wagons have to come to our Home Stadium. Otherwise, we have to play an Away game we’re the rules AND officials are bent toward the enemy.