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Foralltoosee ago

Really, the first amendment just means the government can't censor your speech, private institutions have a lot more leeway to do with it what they will. Yeah, dick move, but there is nothing really preventing it. The Supreme Court sides with open speech more often than not, but only slightly and there are plenty of examples of them upholding private entities ability to restrict speech.

luckyguy ago

It is interesting the difference in verbiage in the first and second. The first says we can make no law pertaining to... The second says the right will not be infringed but doesn't state the party. It's just a general guarentee. I would submit that the constitution as the supreme law of the land prohibits anyone from infringing on that right where as the first amendment never says you have any rights at all. It's a negative right of the government's. It's a modifier of the government's previously authorized powers saying they no longer exist in these contexts.

Too band judges have a selective understanding of the English language and somehow use the necessary and proper clause to break the first amendment failing to see that the first amendment is a modifier to that clause and not the other way around.