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by dagenix 2881 days ago
> 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.

Please interpret the word "Congress" to mean something other than the government. I'm not arguing what it should say, but what it does say. And what it does say is pretty clear.

1 comments

> Please interpret the word "Congress" to mean something other than the government. I'm not arguing what it should say, but what it does say. And what it does say is pretty clear.

That's neither here nor there. I wasn't making an originalist textual argument in my comment, but actually the opposite. The modern world, with such powerful "private" entities that can engage in censorship, doesn't map very well onto the world of the founders in many ways. Therefore, to preserve the original effect and intent of the First Amendment, the law perhaps needs to be modified.