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3min chapter
The Modern History of Originalism
We the People
The Role of Practices in Clarifying the Meaning of a Text
Originalists or textualists disagree on whether a text is clear isn't really that probative about whether the text is in fact clear. So it seems to me what matters is how did the people in 1791 understand the phrase, the freedom of speech? What was the principle they thought they were putting into the text? And the best way to get at that is to figure out their practices relating to speech. That gives you a very strong indication of what is the principle they had in mind when they put in place thefreedom of speech.
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