The only problem with Mr. Apuzzo's analysis is that the courts do not agree with him.
His basic problem is that he, like all others in such a position, wants to be the authority on what men now dead 200 years were thinking. The courts conclude they were thinking something elase.
The other problem originalists face is that, if they are totally correct, then, as just one example, government can censor TV news.
How can they do that, you ask?
It's very simple. Freedom of the press goes not necessarily include Freedom of TV news. It's never mentioned.
We have freedom of speech, but can I cry "Fire in a crowded theater? Can I slander someone? Can a mercnant lie about goods she sells? Can a former felon bring a machine gun to Times Square?
The courts have rejected the absolute origionalist concept, and we are better off that they did.
The courts pick their desired result and then find a reason to get there. Unfortunately in this case, the ineptitude of the attorneys involved heavily influences the desired result.