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Ep. 222: John Stuart Mill’s lasting impact on the Supreme Court

So to Speak: The Free Speech Podcast

NOTE

No Law Means No Law

The First Amendment's directive that Congress shall make no law underscores a strict textualist interpretation of free speech rights. Justice Hugo Black emphasizes the literal meaning of this phrase, advocating for a clear understanding that any regulation on free speech contradicts its fundamental principle. Despite recognizing arguments that challenge this strict interpretation, Black remains steadfast in his belief that the amendment's language is absolute. However, he subtly acknowledges potential exceptions to this principle, particularly concerning minors, indicating that his commitment to no restrictions may not be entirely unconditional.

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